Columbus, OH asked in Real Estate Law for Ohio

Q: I closed on my house, then found out the seller is married. The spouse did not sign off.

After closing, I started moving in to my new home, then received a call from my agent, saying that we could not take ownership of the home. The seller is still married, and lied to her agent about it. What are my rights? Any options? What does this mean for my loan, that has already settled?

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2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: If the deed indicated that seller was unmarried, and seller then signed it, you have a claim for fraud against seller. If you purchased title insurance, talk to them first, then use the Find a Lawyer tab to retain a local litigation attorney to review the situation and advise you of your options.

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered

A: You can also file a complaint against the seller's agent for misrepresentation with your State's licensing board for real estate agents. That might help you getting the quit claim deed from the alleged spouse.

Taylor P Waters agrees with this answer

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