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By Nicole Pitt Feb. 25, 2015

NEW HARTFORD, N.Y. (WKTV) - You may have noticed real estate signs buried in the snowbanks lately. It's just one of several obstacles this winter weather is creating for the local real estate market.

"Mainly what I've been running into is that things just aren't plowed out," said Jodie DeCosty of Coldwell Banker Prime Properties. "Because of the snowbanks and if you have buyers behind that are following in the car, I've had to remind a few people that, you know, I may just slam on my brakes if the Garmin says you're arriving at your destination and the sign is covered up with snow. So, that's what i do, tell people just to keep back a little bit."

The snow isn't the only obstacle buyers, sellers, and realtors are facing. The cold is also taking it's toll. "I had an agent call me from one of my listings and he said Jodie it's 40 degrees in here and I hear water running." A pipe had burst in the basement and now the house is off the market because the furnace needs to be replaced.

Walkways and steps that are not shovele pose a hazard for realtors and potential buyers alike. Experts stress the importance of keeping those walkways clear. "It is their property and they are liable if somebody slips and falls," said DeCosty. "Definitely don't turn the heat on too low especially if they are snowbirds and they take off for the winter the lowest that we tell people to keep their heat down to is like 57 because the thermostat is on the inside wall and the pipes are on the outside wall. The main thing that agents have to remember is that we do not have worker's compensation so if we do get hurt if we do slip and fall we're going to be in trouble, out of work, so they should remind themselves of that."

Despite the weather, DeCosty says there's been an increase in listings and sales are steady."Explain to a buyer, look, this is a great time to see if there is heat loss. You'll see icicles you know you'll see mounds of ice on top of the house."

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Ohio Attorney General Mike DeWine has announced a lawsuit against the owner of a Medina-area landscaping service accused of failing to deliver promised services to consumers and performing shoddy work.

The lawsuit accuses John M. Capone, operating as Empire Landscaping & Irrigation, of violating Ohios Consumer Sales Practices Act and Home Solicitation Sales Act.

In the last two years, nine consumers have filed complaints against the business with approximately $60,000 in reported losses.

Despite our efforts to resolve these issues out of court, this individual has failed to cooperate, leaving consumers with shoddy work and no refunds, DeWine said. The purpose of this action is to put an end to the violations and recover money for affected consumers.

Through his business, John M. Capone offered landscaping and light construction services, including concrete driveways, walkways, patios, fire pits, and lawn care. He sometimes solicited Northeast Ohio consumers at their homes. Consumers paid the business thousands of dollars in down payments, but services were not delivered or were performed shoddily.

According to the Attorney Generals lawsuit, Capone also has used other business names, including J.C. & Sons Landscaping, Empire Landscaping, and J.C. & Sons Landscaping & Irrigation, and he has multiple outstanding judgments against him in municipal and common pleas courts related to consumer transactions.

The Attorney Generals lawsuit, filed in the Medina County Common Pleas Court, charges John M. Capone, doing business as Empire Landscaping & Irrigation, with failing to deliver, performing shoddy work, failing to give consumers notice of their right to cancel a door-to-door sale, starting work without obtaining necessary permits, failing to register business names with the Ohio Secretary of State, and soliciting new consumers before paying off past consumer judgments.

In the lawsuit, the Attorney General seeks a declaration that these acts violate Ohio consumer law, an injunction to stop further violations, consumer restitution, and civil penalties.

Consumers can help protect themselves in a home improvement transaction by taking the following steps:

Check businesses reputations with the Ohio Attorney General's Office and the Better Business Bureau. Get written estimates from several businesses before making a final decision. Get all promises in writing. Make sure the written contract includes the start date and end date and an itemized list of all costs and services. Be wary if the contract requires a large down payment, such as half of the total cost, or requires that you write the check directly to the contractor instead of his or her company. Keep in mind that door-to-door sales contractors are required to give you a three-day right to cancel and cannot begin the work until the three-day period ends.

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Landscaper accused of failing to deliver promised services

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