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Bruce Martin Broyles
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Summary
Admitted to practice in 1989; Staff attorney for 11th District Court of Appeals, Associate Attorney for three litigation firms from 1992 - 2004, opened my own practice in 2004. Handle a variety of issues in Appellate practice, civil litigation, business disputes, real estate, and actively involved in foreclosure defenses.
Practice Areas
- Foreclosure Defense
- Appeals & Appellate
- Business Law
- Construction Law
- Landlord Tenant
- Real Estate Law
Fees
- Free Consultation
Jurisdictions Admitted to Practice
- Ohio
- 6th Circuit
Education
- Ohio State University - Columbus
- J.D.
- -
Professional Associations
- Ohio State Bar # 0042562
- Member
- Current
Legal Answers
148 Questions Answered
- Q. I am a seller contract Lease to Purchase. Doesn't the buyers monthly payments go to the mortgage payment?
- A: Buyer has assumed that there is a default provision that the payments go towards the principle balance of the mortgage. Seller has indicated that the monthly payments go towards the mortgage payments. The language of the contract will determine the issue. The monthly payment being equal to the monthly mortgage payment provides no insight to the amount for which the property will be sold.
- Q. Can a friend sue you for labor costs for agreeing to install lighting in your home with no written contract?
- A: Your friend seems to be treating the installation of lighting as an arm's length contract for services. It was your understanding that he was simply helping you as a friend, or providing you with his services gratuitously. If there was no discussion of the terms, then there was no meeting of the minds, and no contract. Your friend may also attempt to assert a quasi contractual claim of unjust enrichment; i.e. there was not enough to have a meeting of the minds or a contract, but to allow you to keep the benefits without paying for his services would result in you being unjustly enriched. This would require you to consider the amount of time, labor and expense provided by your friend, and compare it to the surrounding circumstances: how do you know your friend, how long have you been friends, do you regularly help one another. Considering all of the above factors have you been unjustly enriched?
- Q. Ohio Contract for home remodel. Client paid retainer fee to company that contracted but client decided to change plans
- A: The contractor being able to cancel without notice does not, by itself, mean that the contractor is not responsible to return the "retainer fee". The contract should provide under what circumstances the "retainer fee" can be kept, and under what circumstances the "retainer fee" must be returned. If there is no provision regarding the "retainer fee"; i.e. non-refundable, then the contractor would have to demonstrate how it earned the amount that it is attempting to retain.
- Q. A lawyer with a condo association is telling us that the month-to-month lease we have with a tenant cancels and restart?
- A: My understanding of a month to month lease is that it automatically renews as between the Landlord and the tenant. It does not cancel and restart. It sounds as though the Condo Association is simply trying to make it difficult for you to rent the condo. However, I agree with Attorney Japp, if the Association bylaws require a monthly lease review, then you are required to follow the bylaws.
- Q. Can condo board remove money from capital account and use it to pay self for unnecessary contract work?
- A: The condo association operates the same as any other corporation. There should be bylaws and minutes setting forth what can be done and how it is to be done. There may also be an issue with self dealing
- Q. I signed a contract with a roofer and paid half upfront, he told me he was 2-4 weeks out 12 weeks ago,
- A: If the contract did not provide for a start or completion date, then you may have to determine whether the delay has been reasonable. Were there delays caused by weather? The period of time involved is approaching unreasonable. In addition, depending upon the circumstances, the roofer may have violated the Home Solicitation Sales Act or the Consumer Sales Protection Act.
- Q. Is selling a house in OH without a legal right of access legal in OH? Wouldn't that be a breach of warranty claim?
- A: In a conveyance of real estate, or any interest therein, the words "general warranty covenants" have the full force, meaning, and effect of the following words: "The grantor covenants with the grantee, his heirs, assigns, and successors, that he is lawfully seized in fee simple of the granted premises; that they are free from all encumbrances; that he has good right to sell and convey the same, and that he does warrant and will defend the same to the grantee and his heirs, assigns, and successors, forever, against the lawful claims and demands of all persons." Transferring property that has no recorded means of access does not violate any of the "general warranty covenants". You will be required to establish a prescriptive easement.
- Q. When is a fence contrator responsible for underground damages?
- A: The exculpatory clause in the contract must clearly and expressly relieve the fence company from damages for its own negligence. Most likely the clause is not enforceable. In addition, the act of placing the post and pouring concrete may go beyond negligence; may be gross negligence, willful, wanton or reckless, and an exculpatory clause would not relieve the fence contractor from this conduct.
- Q. My father and 2 brothers owned a building where they worked together their whole lives. Two died and other sold to keep
- A: If your father and his brothers worked together in the building, then I must assume that they operated a business. If they operated a business, then they most likely had a partnership. You do not need to have a written agreement to create a partnership. If you are able to locate any of the old business records or tax returns you might be able to demonstrate that the Partnership existed and paid the cost of the building. However, even assuming that the partnership existed, it most likely ceased doing business and when your father died his Estate did not make any claim to the partnership assets. Your chances of prevailing would be marginal at best.
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