Author Archives: Jay Butchko
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 »
Tortious Interference: Protecting Contracts And Business Relationships
Tortious interference is a legal concept that addresses situations in which one party wrongfully disrupts another party’s existing contract or business relationship. The rule seeks to balance fair competition with the safeguarding of economic interests. In this article, the Dayton, OH, business torts attorneys at Kohl & Cook Law Firm, LLC, will discuss the… Read More »
Prominent Businesses Are Being Sued For Using Music In Their TikTok And Instagram Posts
Warner Music Group recently filed a copyright infringement lawsuit against cookie giant Crumbl, characterizing their use of copyrighted material as “massive scale” infringement. Such lawsuits have become commonplace as businesses take more liberties on social media than ever before. The case follows similar lawsuits from other major music companies. For example, Sony Music recently… Read More »