Is a contract with an unlicensed plumber or electrician void?
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Is a contract with an unlicensed plumber or electrician void?
My friend was ripped off by an unlicensed electrician, who took the check and never came back to do the work. Joe put a stop payment. The check has been cashed at a check cashing place, ant they are suing Joe because they are “Holder in Due Course”. I looked that up online, and found that illegality of contract is a defense against anyone but only if the illegality makes the contract void. If the contract is only voidable, Joe’s only recourse is to sue the scammer (good luck!). So, is Joe or the check cashing place going to have to eat the loss?
Asked on March 1, 2012 under General Practice, Ohio
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Joe will need to file a complaint with his bank and the entity who regulates the check cashing entity. The voidability of contract has only to do with those in privy of contract, not to the check cashing place who was basically a bona fide purchaser of the check if you will. You need to have your friend contact the agency who licenses electricians and have them investigate and contact the state attorney general or local prosecutor to see who else would have jurisdiction over this matter.
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