March 4, 2018
Someone owes you money. But you have been slow to assign the collection to an attorney for fear of the legal fees and expenses. This concern certainly is well-founded. However, Finney Law Firm (a) has the experience, tools and “attitude” to maximize your return from that activity, and (b) is willing to work with you … Continue reading Ohio commercial litigation: Chasing deadbeats, it’s part of what we do!
February 15, 2018
One important but often overlooked provision of Ohio corporate law is the requirement that “foreign corporations” (meaning any corporation established outside the state of Ohio) must obtain a license to transact business within the state of Ohio when doing business in Ohio. No foreign corporation. . .shall transact business in this state unless it holds … Continue reading Foreign Corporation Primer: Register before filing suit
January 30, 2018
“Joint and several liability” is a legal concept that provides that each obligor under a contract is fully liable for the obligations under that contract as to the other party to the contract (i.e, the party to whom the joint obligors are obligated). So, in the instance that two or more guarantors sign a guarantee … Continue reading Ohio Commercial Law: Is an obligation “joint and several” if the instrument is silent on the topic?
January 23, 2018
As we march through our lives, folks shove documents under our nose for signature all the time. In reality, we should carefully, very carefully, read them and consider their implications before signing any of them. After all, there are charlatans and fraudsters standing eager to take advantage of us at every turn. And even if … Continue reading Ohio commercial transactions: Think twice before signing these six transactional documents
December 8, 2017
An issue that manifests itself in any number of scenarios is the seemingly odd question: Can a seller contract to sell something that he does not own. Somewhat surprisingly, the answer can be “yes.” Hypothetical sale of stock Let’s take a theoretical situation in which a seller promises to sell to a buyer 1,000 shares … Continue reading Ohio commercial law: Can a seller sell that which he does not own?
December 6, 2017
We have previously written on the different types of deeds (Real Estate 101: Different Types of Deeds in Ohio, Kentucky, and Indiana), as well as how costly it can be to breach your covenants under a general warranty deed (Real Estate 101: Breach of General Warranty Covenants Can Be Costly Mistake). Perhaps the most … Continue reading Ohio Real Estate Law: Triggering the Duty to Defend on a General Warranty Deed Claim
November 27, 2017
What due diligence steps should a tenant undertake with respect to a commercial property before signing a lease? Due diligence customary in a commercial real property purchase Step back and consider for a moment that when we buy a piece of real property — for our home or for our business — it is prudent … Continue reading Commercial Leasing: Steps to consider for tenant due diligence
September 10, 2017
As first-year law students and many even outside of the legal community know, the “statute of frauds,” codified in Ohio R.C. 1335.04, requires that any interest in land be evidenced by a writing. Principle of Part Performance But this general principle is not without exception. One of the more commonly referenced exceptions is part performance. … Continue reading Ohio Real Estate Law: Constructive and Resulting Trusts: Little-Known Exceptions to a Well-Known Rule
September 5, 2017
Our firm has previously written on the creative ways one can shield his or her personal assets through the corporate or limited liability structure. As noted in that entry (Link Here), “Ohio courts and courts throughout the nation have been pretty vigilant in protecting the corporate veil of owners of corporations and limited liability companies.” … Continue reading When Limited Liability Isn’t So “Limited”
July 18, 2017
How do I obtain an Ohio commercial real estate broker lien? First, let’s be clear: There is no lien right for real estate brokers for property consisting solely of between one and four residential units. (O.R.C §§1311.85 and .86). However, licensed real estate brokers do have lien rights in transactions involving commercial properties, i.e., anything other than between one and four residential units. (O.R.C §§1311.86). The lien rights … Continue reading Ohio real estate brokerage law: Liens for Realtors in commercial transactions