Legal Question in Consumer Law in Ohio
I own a landscape company. Long story short, a customer is threatening to sue me if I do not reimburse her for plants that I planted and she had replaced by another company. She wants me to pay the other company's bill. She is claiming that what I planted died. I have offered to replace the plants, but she does not want that. Am I obligated to pay what she is asking?
2 Answers from Attorneys
In Ohio, much will depend upon the wording of the agreement you had with the customer and the way that you conducted your business with her. Ohio's Consumer Sales Practices Act has a lot of traps for the unwary with regard to required paperwork and restrictions on the way things must be done in certain circumstances. Without knowing more about your case, I can only warn in generalities rather than specifics.
In addition to the Ohio Consumer Sales Practices Act, which can be troublesome for you and may entitle her to a refund, you may also have to worry about the Home Solicitation Sales Act, even if you think you didn't "solicit" the business, the law says you may have. Again, more details are needed. If this is any sort of size-able amount of money, you should call an attorney in your area. You could be liable for up to three times the amount of refund in damages depending on whether the Home Solicitation Sales Act applies in your situation. You need to speak with an attorney near your location who can give you the specific advice you are going to need. This is a very common problem in Ohio for construction and residential service providers.
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