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Questions Answered by Bruce Martin Broyles
1 Answer | Asked in Contracts, Civil Rights, Education Law and Small Claims for Ohio on
Q: Can my private university mandate me to get vaccinated after I’ve been accepted, paid money, and told me that I don’t?

They told us we did NOT have to get vaccinated then an hour later told us that we DO need to get vaccinated against COVID-19. I was accepted for a month and a half with a down payment before I was informed that I needed to get the COVID vaccine, so now it’s crunch time and I either get the shot... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 26, 2021

I have not personally looked up the resources, but it is my understanding that the vaccine has not received final approval from the FDA.

The emergency use of an unapproved medicine is covered by 21 U.S. Code § 360bbb–3 - Authorization for medical products for use in emergencies. A...
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2 Answers | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Probate for Ohio on
Q: I lived with my fiancé for 17 years. We ran a business together out of the house for the last 11 years. She died.

She left the house to her sister. I knew that. However, they took the business name and accounts and took control of the business PO Box and all incoming checks and entered them into probate in Greene Co. Ohio. I subsequently had to file all necessary paperwork and obtain a new federal EIM and new... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 19, 2021

If there was no agreement between the two of you, then you formed a partnership. In Ohio a partnership is formed based upon an agreement to share expenses, liabilities and profits. All of the business items should be returned to you as the remaining partner. All of your personal property should... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: In Ohio, how soon after a COA annual meeting should the board distribute the minutes?

Our condo board (in Ohio) maintains that they do not have to publish annual owners meeting minutes until the notice of the following annual meeting. This is a year from now and will reduce transparency and accountability in the meantime. We expected to be able to review these minutes after two... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 16, 2021

The Owners Association is governed by Ohio Revised Code Chapter 5311. The Association is controlled by the Board of Directors, and the Board is governed by the Association's by-law. According to R.C. 5311.08 the by-laws can determine:

These rules may govern any aspect of the...
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2 Answers | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: My fence is 6" inside the property line. Can I stop my neighbor from connecting to it? How close can he build to it?

My fence was installed prior to current neighbor living nextdoor. Original neighbor did not want fence so I specifically had it built inside the property line. Now the current neighbor wants to connect to my fence. I do not want to ajoin. If I say no, how close can they install a new fence on the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 15, 2021

You need to check first with your local zoning ordinance. There should be a provision regarding fences and set back from property line. Your fence may be in violation of the set back rules. Allowing your neighbor to connect to your fence may be less expensive than removing your fence and placing... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Seller backed out of real estate contract at closing, what can I do as a buyer?

I was under contract on a property set to close on 6/14/21. As the buyer, I fulfilled all requirements per the contract. My down-payment and closing fees were wired and waiting at title office. When I arrived at the title office for closing I was informed by my realtor that the seller did not sign... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jun 17, 2021

File a complaint for specific performance.

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1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: I have paid a contractor 14000.00 to put up a vinyl fence. They did not cement the pillars in the ground and my fence

Is not stable. Plus it's not straight and the gate does not lock cause the hasp and locking piece dont line up. Tried to get him back to look at it and he never shows

Bruce Martin Broyles
Bruce Martin Broyles answered on May 20, 2021

When the contract was written did the contractor give you a written notice of your right to cancel the contract within 3 days. If the contractor does not have a storefront or a building where you can view his work, then he is subject to the Home Solicitation Sales Act. Without a three day notice,... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: What rights do we have to take possession of our new house per contract?

We are closing on our new home and the seller has her daughter living there on a month to month lease. She gave her a 30 day notice to vacate On March 2 and again on April 1st. The contract is signed by both the seller and us that we take possession 5 days after close. If the daughter has not... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 27, 2021

If the month to month lease was recorded you would have constructive notice of the lease. As it is, you have actual knowledge that a month to month lease existed, and was terminated by giving a thirty (30) day notice of cancellation on March 2, 2021. As of April 1, 2021, the tenant no longer has... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Loan has been in default since 2009. Have had sparse contact with anyone about this. Can they foreclose on my property?

I’ve informed them of the statute of limitations. He threatened foreclosure on the phone to me.

Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 7, 2021

The statute of limitations for a claim on a negotiable instrument under Ohio's version of the UCC is 6 years. However, each missed payment restarts the statute of limitations, unless the loan has been accelerated. If the loan has been accelerated, then the lender has six years within which... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: My father passed and I believe he left everything to my sister. He had a small policy for his grandchildren and I was in

It I recieved 1067.00 My sister was left his home and his funds totaling around 200 thousand or more. My father also had separate life policies on his children they cashed theirs in years ago I never did, my question is can I cash mine in it's a 25 thousand dollar policy or does it go to my sister.

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 23, 2021

If I understand your question, your father named you the beneficiary on a life insurance policy, but left everything to you sister in his will. A life insurance policy is not an asset of the estate and instead is a contract between the Insurance company, the owner of the policy and the beneficiary... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: Auditor had wrong info on property record

I just had my home appraised to dispute the county auditors recent valuation. The appraiser discovered the property records had 300 square feet extra that does not exist. He measured twice after consulting the auditors info. This information has been incorrect for the 15 years I've lived here... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 23, 2021

I agree with the suggested course of action to file a complaint or appeal for the re-valuation of your property. Concerns about past valuations and past real property taxes paid are unavailable after the time to file a complaint for re-valuation lapses each year.

A recent appraisal and the...
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2 Answers | Asked in Real Estate Law and Small Claims for Ohio on
Q: Bought a lot that advertised utilities in place and Found out that no utilities are in place
Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 14, 2021

Based solely upon the information provided, you may have a claim for fraudulent misrepresentation. However, the contract could have language in it negating any representation made by the seller, or the lack of utilities may have been open and obvious or readily detectable upon a reasonable... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: How much will it cost to use a lawyer, instead of a real estate agent, to buy a home?

I don't want the services of a real estate agent. I do want the peace of mind that everything is done correctly insofar as the sale goes, disclosures by the seller, etc.

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 31, 2020

If you used a realtor it would cost at least 3% of the price of the home. A $100,000 would cost $3,000. A lawyer would be able to review the contracts and disclosures for less than the $3,000. However, a real estate agent is also there to make sure you are taking all the necessary steps to... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Expired lease, no renewal

Our lease has been up since May 31, 2020. It says they will no longer automatically renew leases They never contacted us if we wanted to stay or not. But they have continued to cash our checks no problem . With the proper 30 days notice can we move out since we never signed a renewal?

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 8, 2020

You became a hold over tenant on a month to month basis. You can give your 30 day notice and move out. However, the thirty (30) days cannot run into the next month or term. So giving your thirty (30) day notice on 12/08/2020, would run into 01/2021 so your move out date would be 02/01/2021.

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2 Answers | Asked in Contracts for Ohio on
Q: My husband is our only source of income and has lost his job due to covid. We have made arrangements to live with family

But the buyout fee is several thousand dollars and they won’t accept multiple payments... if we could afford that, we wouldn’t be moving… Is there no such thing as a hardship action for Ohio?? Is there any kind of legal help because of the current pandemic with so many people losing their jobs?

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 3, 2020

I am assuming that you are currently in a lease or rental agreement. If an eviction action is filed for non-payment (as you are probably leaving regardless), then you can request a stay based upon COVID and the CARES Act. The CDC now requires you to file an affidavit that you have attempted to... Read more »

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1 Answer | Asked in Civil Litigation for Ohio on
Q: I was a member of organization and I believe that I was unlawfully targeted and expelled, I want to know what actions I
Bruce Martin Broyles
Bruce Martin Broyles answered on Nov 20, 2020

Most private organizations can discriminate as to their membership, so I am not certain how you would have been "unlawfully targeted and expelled". Please provide additional information

2 Answers | Asked in Real Estate Law for Ohio on
Q: I want to leave my house to my wife when I pass. What is the appropriate way to do this. She is not on the mortgage.

I have children outside of our marriage and just want to make sure my wife retains our home.

Bruce Martin Broyles
Bruce Martin Broyles answered on Nov 13, 2020

If you transfer title to the property from you to you and your wife as joint tenants, the remainder to the survivor, then title transfers to the survivor immediately and avoids probate.

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Is there a time limit for a seller to agree to repair/replace $500+ items to pass inspection

I am in process of purchasing a property. Offer made, accepted; I ordered and completed inspection within sellers requested timeframe. Two days ago my agent delivered my request to repair/replace to the sellers. I want a decision by tomorrow afternoon (Thursday) if they will or will not agree to... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Oct 1, 2020

The purchase agreement should provide a time limit for the seller's to agree to the request to remedy. If no agreement to remedy you can terminate the contract

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2 Answers | Asked in Consumer Law and Contracts for Ohio on
Q: Contractor Agreement, can I get out of it

While I was in the hospital my husband took over my hunt for a contractor to complete roof/siding/gutter and potentially window replacement. He arranged and signed an agreement with a contractor. The agreement only covers items in the event we would be rewarded money from the insurance. I am also... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Sep 17, 2020

Probably need to see the document that was signed, but many times contractor fails to provide the required notice of your right right to cancel within three days. In the absence of such a notification you can cancel the contract at anytime.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: Do you guys help with lease on apartments ?

My building was bought out by a management company and lease is or was valid till the end of the year. The new owner posted a letter on my door of eviction in 3 days because I didn't pay a $10 utility fee which isn't in my lease with the old owner. I guess my question is , is my original... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Aug 7, 2020

Old lease is still valid. Of course, if you do not comply with new lease, the new landlord will not renew your lease in December

1 Answer | Asked in Real Estate Law for Ohio on
Q: House has a previous land contract but buyer vacated and stopped paying, how do I get a title if I buy the house?
Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 24, 2020

The current owner needs to terminate the land installment contract. If the land installment contract has been in existence for more than 5 years, or if more than 20% of the purchase price has been paid, then the current owner must bring a foreclosure action. If less than 5 years, the contract can... Read more »

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