Author Archives: Jay Butchko
Are Non-Compete Agreements Still Legal?
The legality of non-compete clauses in the U.S. is a complicated subject. Non-competes are generally governed by state laws. The Federal Trade Commission (FTC) has attempted to enact a nationwide ban on non-competes. However, this rule is being challenged in the courts. The State of Ohio permits non-compete agreements as a means for employers… Read More »
Defending Against Aggressive Debt Collectors In Ohio
For many Ohio residents, financial struggles can lead to late payments, mounting bills, and calls from debt collectors. While debt collectors have the right to pursue legitimate debts, there are established legal limits on how they conduct themselves. When debt collectors cross the line into harassment, intimidation, or deception, consumers have a powerful tool… Read More »
Excess Proceeds After Foreclosure: How To Claim Funds That Are Rightfully Yours
When most folks think about foreclosure, they imagine only the loss of their most precious asset. But what many Ohio homeowners fail to realize is that foreclosure can sometimes create an opportunity to recover money. If your property sells for more than what is owed on the mortgage, the remaining balance (known as excess… Read More »
Unpacking Ohio’s Planned Communities Act: Why Your HOA Can’t Just Foreclose On A Whim
If you’re like a lot of Ohio homeowners, living in a community governed by a homeowner’s association comes with both benefits and frustrations. HOAs are generally designed to maintain common areas, enforce community standards, and protect property values. But when an HOA overreaches, particularly by threatening foreclosure, homeowners can sometimes feel powerless. Ohio law… Read More »
Tortious Interference: Protecting Your Business From Competitor Sabotage
In today’s competitive marketplace, aggressive tactics are quite common. However, if a competitor’s conduct crosses the line from legitimate competition to unlawful sabotage, it can cause your business significant harm. Here, the concept of tortious interference takes precedence. It offers businesses a pathway to file lawsuits and seek compensation for damages caused by illegal… Read More »
How The Ohio Consumer Sales Protection Act Safeguards Consumers Against Unfair Contract Terms
Contracts are commonplace when entering into a business relationship with a company that provides a service. Even when you use software, you are entering into a licensing agreement with the company providing the app. You also enter into a contract when you sign up for a gym membership or renovate your home. Contracts are… Read More »
Understanding Fraudulent Misrepresentation In Business Deals
When you sign a contract, you want to be reasonably certain that the other party is honest and operates in good faith. Businesses, however, sometimes find themselves entangled in disputes that arise from fraudulent misrepresentation. In this article, the Columbus business torts attorneys at Kohl & Cook Law Firm, LLC, will discuss the concept… Read More »
What Is A Home Sales Solicitation Act Claim?
A Home Sales Solicitation Act claim (HSSA), sometimes referred to as a “cooling-off” period claim, arises when a consumer tries to cancel a contract made during a home solicitation sale. This rule, which is found in many states, gives consumers a limited time (usually three business days) to cancel the contract made at their… Read More »
What Is A RESPA Claim?
The Real Estate Settlement Procedures Act (RESPA) is a piece of federal legislation that protects homebuyers from underhanded tactics that could inflate the costs related to settling their real estate. RESPA requires transparency in settlement costs and prohibits certain practices, such as kickbacks or referral fees. A “RESPA claim” refers to a lawsuit filed… Read More »
Does Ohio’s Lemon Law Apply To Used Cars?
You’ve likely heard of the “lemon law,” which applies to recently purchased vehicles in the State of Ohio. It mostly applies to new cars, but can apply to used cars that have fewer than 18,000 miles on them and are less than a year old. The vast majority of used cars are more than… Read More »