A recent Court of Appeals decision confirms that the Ohio Consumer Sales Practices Act (OCSPA) applies to agreement for the purchase and construction of a condominium unit. Fine v. U.S. Erie Islands Co., Ltd., 2009-Ohio-1531 (Ottawa County). In Fine, the Plaintiff entered into an agreement with the Defendant for the purchase of a condominium unit to be constructed by the Defendant.  The cost to construct the condominium unit exceeded the contract price and the builder attempted to pass the costs onto the Plaintiff.  The builder refused to close on the transaction without the additional payment and eventually the Plaintiff filed suit against the builder for this refusal.  The Trial Court determined that the builder was a supplier under the OCSPA and further that the builder’s refusal to close upon the contract at the agreed upon original price was a violation of the OCSPA. The trial court awarded the Plaintiff $125,000 in damages and over $65,000 in attorney’s fees.  The Court of Appeals affirmed the decision and indicated that the transaction was a “mixed” transaction for the purchase of real estate and the construction of the condo.  Such “mixed” transactions are governed by the OCSPA. The builder argued that it was not liable under the OCSPA because it did not perform any of the actual construction. However, the appellate court ruled that subcontracting the work did not change the fact that under the contract the builder was providing services to the Plaintiff. Accordingly, the appellate court affirmed the trial court’s decision that the builder violated the OCSPA by refusing to sell the condo at the agreed upon price.

If you have any questions about whether the work you perform, or the services you provide are governed by the OCSPA, please contact me at (937) 550-0037 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it .