Legal Question in Consumer Law in Ohio
A plumber came to our house and removed two old radiators which were leaking. They took them to their shop and tried welding them. They brought them back and they were still leaking. They took them back and tried brazing them and that supposedly did not work.
We received a bill for $2,000 plus for the repairs, that did not solve the problem. We have not yet paid the bill, as the problem has not been solved. We also asked for the old radiators back and they supposedly do not have them. What is our obligation/rights in this situation?
Thank you for you help on this matter!!
1 Answer from Attorneys
In Ohio, the Consumer Sales Practices Act (CSPA) governs relations between "suppliers" of goods and services and "consumers" (persons who are going to use these goods and services in their personal lives--as opposed to in their businesses). Usually, there must be a written contract between the parties spelling out all of the material terms such as payment terms, description of work to be performed, by what time, any contingencies affecting payments, returning the repaired parts or the parts that were replaced, etc. Failure to include these terms may violate the CSPA.
These rights may be vindicated in small claims court if you cannot afford an attorney. Most small claims courts have a jurisdictional limit of at least $6,000.00, so given the amount of the controversy thusfar, this would seem to cover the matter.
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