Legal Question in Consumer Law in Ohio

Consumers like yourself are protected by Ohio's Consumer Sales Practices Act. Suppliers who engage consumers in consumer transactions (such as the waterproofing of a basement) are subject to liability if they fail to conform with the CSPA.

Under Ohio's Administrative Code, it is a deceptive act or practice, and thus a violation of the CSPA, for a supplier to accept a deposit unless the deposit is evidenced by a dated receipt stating whether or not the deposit is refundable and under what conditions.

You may want to engage a local attorney who practices consumer law to contact the contractor and demand the contractor perform per the terms of your deposit. Should the contractor not perform and the contractor accepted the deposit in a manner which violated the Ohio Administrative Code & CSPA, the attorney could file a lawsuit against the contractor seeking a return of your money, attorney's fees, damages and other penalties.

I agree with everything Mr. Sauter said. The only thing I would add is that often the suppliers turn up bankrupt and you can't recover your money if you only sue under the CSPA. Sometimes if the facts fit it is best to include a fraud claim so that a judgment upon that claim can't be discharged in bankruptcy.

I agree with what both other attorneys have said. If you want to find out more about your consumer rights, check out the Ohio Consumer Law Blog at www.OhioHomeownerLaw.com and feel free to call to ask me questions about your specific situation if you would like. I am in your area. There is a strict time limit for these claims, and you want to make sure that you contact and work with an attorney immediately so you don't forever lose your right to request your money back.

Some violations of the consumer laws, including the Home Solicitation Sales Act, may not be discharged in bankruptcy. In order to determine if the Home Solicitation Sales Act applies to you, I would nee to speak with you further.