Ohio Contracts Legal Questions

If you could prove your oral agreement to the satisfaction of the  Court, you might not be (assuming that the agreement that you didn't have to pay meant that you didn't have to pay for anything, instead of just that you didn't have to pay for anything that wasn't done), but as a general rule a party is not allowed to claim an oral agreement which contradicts the terms of a written agreement covering the same subject matter, and it is also standard for written agreements to contain provisions that state that they cannot be modified or changed orally.  Check if your written contract says this.... Read More

It's going to cost you a lot more to pursue a legal claim against your cousin than you would recover.  Probably cause a lot of bad blood in the family too.  Can you? Perhaps.  A detailed analysis of the situation would be needed for a definitive answer.  Is it worth it? Probably not.... Read More

Can it be binding? Yes.  Is it binding in your case? Maybe, maybe not.  A lot goes into the analysis of whether or not a valid contract was formed.  Generally speaking, a valid contract requires an offer, acceptance, and the terms spelled out in sufficient detail.  Even if there is a valid contract, you may have other options available to you if you can no longer sell the property, etc.  I recommend sitting down with an attorney for a full consultation to advise you of the law in your particular circumstance. Best of luck.... Read More

Not likely.  You would need to have a formal contract.  You can look into the Statute of Frauds for some background information.  If there are additional facts you would like to discuss, you may want to sit down with an attorney to review the situation in detail. Best of luck.... Read More

A more detailed look at your situation may be warranted.  I would suggest communicating with the original contractor ASAP to inform them that you are not moving forward with their company.  They may argue that certain things have been purchased for the agreed upon work and that you are responsible.  Ultimately, this may or may not be the case.  If they give you any problems when you inform them that you are not proceeding you will want to retain an attorney to represent you. Best of luck.... Read More

Not typically.  You have the freedom to enter into any contract that you wish.  The Courts may look for evidence of duress, e.g. unconscionability of the terms of the contract, adhesion contracts, are the parties at "arms length" to determine if a valid contract exists.  However, if a valid contract is found, then the court will not typically look at "fairness." ... Read More

It would be very unusual for an attorney to be able to finalize a settlement without his/her client's signature (or voluntary statement in open court).  I think the attorney is probably going to ask you to sign a settlement agreement. If you don't agree with the settlement, don't isgn it and dont' take the check.  If your attorney has actually finalized a settlement without your knowledge or consent, you can sue your attorney, but you will have to prove that you would have received more had you not settled, which may be very tough to do.  You can also bring a disciplinary complaint against your attorney with the bar.... Read More

Hi John. Timeshare contracts can sometimes fall under the home solicitation sales act, which does provide a three-day cancellation period. This is unusual now though, as this is mostly done by phone or mail. I would need better details about how you entered into the contract to let you know.   Thanks,   Nick  ... Read More

I don't think you have a good argument.  The important thing is that the agreement was signed, the date is unimportant, and even if it were important the attorney can prove it through his/her testimony.  Also, even without an agreement, the attorney would probably be entitled to recover the fair market value of the services he/she has rendered.... Read More

From what you've written, the other side has breached the contract, and you can sue for the money due you.  The problems, however, are twofold.  First, even though you say that the conrtact required the other side to pay you upon delivery of a prototype, you have apparently gone beyond that despite not being paid, without asserting a claim for breach of contract  This will give credence to the other side's arguments that (a) the contract required you to produce more than just a prototype; or (b) that the original contract requiring only a prototype was modified (also, depending on how long it has been since the initial breach, i.e. the failure to pay you for your first prototype, you may have a statute of limitations problem).  The second issue is more practical; from what you've written, it appears that the other side has more resources and is willing to spend money fighting you in court.  Unfortunately, the party with the deeper pockets usually has an advantage in a lawsuit.  I don't know how to solve this, other than to try to get an Ohio attorney (I am located in NY) who will handle the matter on a contingency (which may be difficult) or to handle the matter yourself.... Read More

There seems to be a disconnect between the leasing company and yourself, namely the required notice time of intent to vacate. Focusing on your last sentence in the posting "No my apartment is stating that I cannot be released from the lease unless I pay two months rent and relinquish my security deposit", this is where finding counsel to assist in your matter to determine the best course of action would be in your best interest.   ... Read More

Fairness has little to do with it, it depends on what your contract provides.  Is your original lease still in force or has it expired?  If still in force, what does it provide?  If your lease is still in force, your landlord is not entitled to charge you more than it provides for. However, if the lease has expired, there is no agreement on rent and the landlord generally can ask for whatever rent he/she/it wants.  If you think the landlord is asking for too much, you can move.  I say generally because different municipalities have different tenants' rights statutes.  For example, NYC, where I work, probably has the the most tenant-friendly statutes and regulations in the country.  I don't know what the statutes and regulations are in your city, or if they place any restrictions on a landlord's right to raise the rent.... Read More

Legally, there are a couple of ways to look at this.  One way is that your agreement with your buddy was that you would pay him $800 to hold the computer for you and not sell it until you got your tax refund back, when you would then be able to buy it for a further $1300.  Your buddy performed his end of the contract, so he's entitled to the $800 you paid him. Another way is that you agreed to pay your buddy $2100 for the computer, and gave him an $800 deposit.  You breached, and your buddy is entitled to collect damages.  However, those damages may not be the whole $800 deposit.  For example, if your buddy was able to sell the computer for $1800, he's only out $300, plus a few months' interest because he had to hold on to it not sell, which delayed his getting paid. A third is if the two of you agreed that the deposit was nonrefundable.  If the two of you didn't discuss this at all, the question may depend on what is customary in these types of transactions. Factoring into all of this is that agreements for the sale of goods for over $500 generally have to be in writing to be enforceable.  Here, you admit the agreement, but you and your buddy may differ about the specific terms. I think your buddy has a claim to at least some, if not all, of the deposit, but my personal opinion is that keeping the deposit is a lousy way to treat a friend, especially if he was able to sell the computer to someone else for the same amount.... Read More

It is possible that there is no malicious intent involved, someone may have simply mistaken the 1 in the .15 for a 4.  However, in the grand scheme of things, it is only a difference of .30.  Have you tried to simply point out the discrepancy?   For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com... Read More

There is no law in Ohio that would obligate you to put the disputed money into escrow.  If you are worried that you may not have the funds to pay at the time the dispute is resolved and do not want to fight a future collection action then it may be wise to set the money aside in a savings account, etc.  However, putting the funds in a bona fide escrow account may be more hassle than it is worth since there will be escrow fees, etc., to administer the escrow.    For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com... Read More

You have several different issues here. First, depending on the exact date of your contract, there is one of two statutes that control, either the Consumer Sales Practices Act if the contract was either for $25,000 or less or entered into prior to August 31, 2012.  If it was on or after August 31, 2012 AND over $25,000 the Home Construction Service Suppliers Act Applies.  There are very different remedies which may include three times your damages as a penalty under the statute and attorneys fees.  The problem with this is that the contractor will be the one liable, not the insurance company or anyone else, so the contractor has to be solvent. Second, his insurance company does not have an obligation to pay for negligently performed work, defective workmanship or breach of contract under an insurance policy, although they would be liable to you if they had provided a performance bond, which is unlikely in this circumstance.  The insurance policy your contractor has is meant to cover "consequential damages" from faulty work, not the faulty work itself.   As an example, if your contractor did a bad job installing a roof, which leaked and destroyed your furniture, your furniture would be covered. Third,  depending on your municipality, there MAY be another possible bond to recover from.  Often municipalities will require contractors to be licensed and when they do that they often require the contractor to post a bond with then which may provide some relief.  Often the trigger for these bonds is the municipality issuing code violations. Without a bond, your ability to collect is probably limited because your contractor likely has little or no money if he is as unscrupulous as he sounds.  It is likely that if he would do something like this to you, you weren't the first or last, so there are probably others suing him, too.  Your attorney may be able to get through the "corporate shield" to impose personal liability on the owner of the company, but that will depend on the facts that you could prove in court. I suggest that you contact a construction law attorney soon as you have legal time limitations on times to make claims.  If you go past the time, you will not be able to win, even if you file suit.  We offer free limited telephone consultations.  If you would like to discuss your case please feel free to call me.    ... Read More

I assume that you are the operator.  You didn't say why you wanted to cancel the agreement.  reading a bare agreement, no one would really be able to give you an answer, which is probably why you haven't had any responses. Check on Lawyers.com for an attorney in your area that handles business agreements.  They will need to read your complete document and discuss the issues with you before they can give you a good answer.... Read More