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Ohio Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law, White Collar Crime, Landlord - Tenant and Criminal Law for Ohio on
Q: Is it blackmail or extortion if a property owner threatens to sell after payment refusal?

I have been living on a property owned by my relative for 20 years, during which I paid all property taxes, including back taxes. Recently, after receiving a damage claim unrelated to the property owner, I was threatened to give half of the claim money to the property owner or face eviction. When I... View More

2 Answers | Asked in Real Estate Law, Contracts and Landlord - Tenant for Ohio on
Q: Lease-to-own issues with unreachable co-owner on deed in Ohio.

I have a lease-to-own contract with my landlord regarding the property. However, my landlord's brother, who is listed on the deed, cannot be reached. The contract does not mention the brother, and I have been paying taxes and doing repairs. How can my landlord proceed with selling the house to... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 3, 2025

You should invest in the time of an attorney where this property is who practices real estate law regularly. It is imperative that a lawyer review your land instalment contract. Further, you may need to file a quiet title action to settle the status of the property. WIthout a review of the... View More

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0 Answers | Asked in Real Estate Law, Divorce and Family Law for Ohio on
Q: Do I need to sign more paperwork if my ex sells our house after signing a quit claim deed?

I signed a quit claim deed to my ex for our house, and my name is still on the mortgage loan. I have not communicated with the mortgage lender, and there are no legal agreements or court orders related to the house. I signed the quit claim deed voluntarily without any conditions. Do I need to sign... View More

0 Answers | Asked in Consumer Law and Real Estate Law for Ohio on
Q: What are my options if I accidentally received a clear title with no lien holder listed for my travel trailer?

I financed a travel trailer in September 2024, and I received a clear title with no lien holder listed by mistake. I've received partial voicemails about the issue, but they were difficult to understand due to the speaker's accent. I have not been informed of any fees associated with... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Banking and Real Estate Law for Ohio on
Q: Overpayment issue with rental company & bank endorsement requirements in Ohio

I accidentally made an overpayment of approximately $2,000 from my bank account to the rental company for last month’s rent. Approximately $500 of that amount was used to pay for my ex's portion of the rent, even though he had agreed to cover his share. The rental company sent a check with... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2025

Many more facts are needed to answer this question. When you refer to your ex, are you referring to an ex boyfriend or an ex husband? If it is an ex husband, is there a final divorce decree including a separation agreement, or is this a pending matter? When you say that your ex agreed to cover... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: Can apartment management legally tow my car if there's no parking agreement or signage?

I live in an apartment building, and my car was out of service and parked in the building's parking lot for a month. I informed management via email that it was my car and that I was saving for repairs. Despite this, they towed my vehicle. There is no signage about towing or parking limits,... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2025

Sadly, more information is needed to fully answer the question. You stated "no formal lease agreement". What does that mean exactly? What kind of agreement is there? Are you paying the landlord directly? Are you a tenant? A subtenant? Your relationship to the building and parking... View More

1 Answer | Asked in Real Estate Law and Contracts for Ohio on
Q: Can a lawyer review my Ohio home sale contract for protection?

I am selling my home by owner in Ohio and using a real estate sale template. It's my first time selling without a realtor. The home is being sold "as is" in a cash sale, and the closing date is scheduled for early May. I want to ensure that the buyer can't hold me liable for... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 27, 2025

There are a number of attorneys who would be willing to review your contract. A review of the contract would tell you what the contract states and explain your rights and responsibilities. This may be quite different from what you intended the contract to say.

1 Answer | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for Ohio on
Q: Can landlords in Ohio deduct from my security deposit for professional carpet cleaning if the smell existed at move-in?

I recently moved out of a five-unit apartment building in Ohio after living there for 2.5 years. When I initially viewed the apartment, there was no noticeable smell, but after moving in, there was a strong smell of wet dog due to a previous tenant's service dog. The lease had a clause about... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 26, 2025

Your question did not include information as to whether the smell was documented by the landlord and yourself at move in. Otherwise a neccessary cleaning may successfully be withheld.

1 Answer | Asked in Divorce, Civil Litigation, Real Estate Law and Family Law for Ohio on
Q: Can dissolution paperwork be amended for proceeds of house sale since ex failed refinance requirement?

In my dissolution, my ex-husband was required to refinance the mortgage to remove my name within two years. He has not done this, and although he attempted to refinance in September 2024, he was laid off again and the mortgage remains in my name. There was a 'late' payment reported to my... View More

Nicholas P. Weiss
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answered on Mar 26, 2025

Yes, but you may not need to do that. So long as you are satisfied with receiving your percentage of equity from the sale from the title company, then all is well.

If you really want to force the refinance, you can always file a motion to show cause. But, if he's not making enough to...
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2 Answers | Asked in Probate and Real Estate Law for Ohio on
Q: What happens if a house isn't transferred from a deceased's name despite a will and TODD, and the heir only pays bills? Grandfather died in 2019, house still in his name, heir took no action. My dad can transfer to me; what scenario unfolds if he dies?

What happens if a house remains in a deceased person's name when there is a will and a Transfer on Death Deed, but the heir/executor does not file it and still pays the taxes and utilities in the deceased person's name? My grandfather passed away in 2019, and my dad, who is the only child... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 21, 2025

Your father needs to take the steps necessary to transfer the house from your grandfather to your father. Transferring the deed on death requires the death certificate, and affidavit to be recorded. Your father should also take the steps necessary for the lender, if any, to recognize your father... View More

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0 Answers | Asked in Real Estate Law and Gov & Administrative Law for Ohio on
Q: Do property scouting and client referrals require a license under Ohio law?

I want to confirm the legal boundaries of operating as a property scout and offering client referrals in Ohio. My intention is to work independently to find properties for real estate investors (such as wholesalers, fix & flip, and rental investors) and charge a flat fee per lead. Additionally,... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Gov & Administrative Law for Ohio on
Q: Can I sue my town for damage caused by new water meter installation?

I live in a town that recently installed new water meters without resident input. After the installation, my underground water line cracked, resulting in a continuous leak of 2-3 gallons of water every hour, and the estimated repair cost is $4,000. A plumber suggested the crack was due to excessive... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 13, 2025

The issue is one of sovereign immunity. Ohio Revised Code 2744.02 says that political subdivisions are liable for negligence of their employees in caring out governmental proprietary functions. The political subdivision is immune from liability in caring out its governmental functions. I would... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: Home purchase in Ohio with undisclosed issues to code compliance.

I purchased a home in Ohio in 2020, and no major disclosures were made at the time. After purchasing, I hired a roofer to replace shingles, who informed me that the roof is likely not up to code. Similarly, a plumber mentioned that the plumbing doesn't appear to be to code, although more... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 27, 2025

The seller is only required to disclose items that the seller is aware of. The seller may not have known about the code violations. You should read the contract for the home inspection. There are most likely limitations on the extent of the inspection. The contract for the home inspection will... View More

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1 Answer | Asked in Probate and Real Estate Law for Ohio on
Q: Do we need two probates for property if both parents' names are on deed and they died in Ohio?

My father died 5 years ago, and my mother never had his name removed from the deed to their house. My mom has just passed away. Their joint will directs their wishes, but the deed still has both of their names on it. They both passed away in Ohio. We are unsure about survivorship details on the... View More

Nicholas P. Weiss
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answered on Feb 27, 2025

If there is survivorship language, then no. You can simply file an affidavit of surviving spouse with the recorder's office. This answer does not affect any other property that might have been in his name, which may still need to be probated.

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Ohio on
Q: How can I take possession of a vehicle I titled in my name for someone else?

I put my name solely on the title of a vehicle for my girlfriend, who purchased it with cash but does not have a receipt or bank statement proof. I have reached out to her without any response and she currently does not have a driver’s license. I'm concerned about any financial repercussions... View More

Nicholas P. Weiss
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answered on Feb 27, 2025

It is legally yours. You could report it stolen, or if you know where it is could go there with a locksmith/tow to take possession of the car.

1 Answer | Asked in Divorce, Business Law, Contracts and Real Estate Law for Ohio on
Q: Can I claim equity in a house bought with my husband's military death benefit?

My husband and I have been married for a year and a half. Four months into the marriage, my stepson committed suicide while in the military, and my husband received a death benefit as the beneficiary. We used this benefit to purchase and pay off a house, with both our names on the deed, and the... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 25, 2025

In Ohio, the important issue of separate property vs. marital property is the ability to trace the source of the funds. How real property is titled is not determinative of how the property is titled. Even though the funds went to your husband and then were deposited into a joint checking account,... View More

1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: I'm 40 years old. What is my legal right as an adult to get my parents to leave me alone and let me have my house?

We all live together with my husband as well. Since I got married, they seem to have declined in health. Dad had a TIA and is better now. But mom isn't taking care of herself. We constantly argue about the fact that they have not let me out if their sight since birth. I just need my own space... View More

Nicholas P. Weiss
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answered on Feb 9, 2025

If you are all titled owners of the house, and you don't want to live with them, then you either need to 1) buy out their interest in the property and have them move; 2) have them buy your interest in the property and then you move; 3) sell the property and everyone moves; or 4) if no one can... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on
Q: He is on my deed to my land as survivor, however I own the home can I evict him

I put him on the deed as a courtesy and it says for our joint lives we are no longer joint never married and the home is 100% mine he refuses to leave but has not put one ounce of effort into helping me do anything to fix or make better I want him gone

Anthony M. Avery
PREMIUM
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answered on Jan 15, 2025

If it is a joint tenant estate you are not a 100% owner. Hire an OH attorney to search the title and determine ownership. A tenant cannot oust another tenant in common.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Our mother past away. Her home deed has a Transfer on Death to her children. Does a lawyer Have to do transfer?

The transfer form was filed & registered years ago with the county.

Now that she is gone we are trying to settle things. Everything was set to T.O.D.

There is no loan on the property.

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jan 15, 2025

No, a lawyer is not required. You need to record an affidavit of confirmation. The requirements are set forth in R.C. 5302.222.

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: A tree company cut our tree down without permission and is now suing us because we will not pay the bill

Four years ago(May 2021) we were getting estimates on tree removal services, well the first company who gave an estimate showed up the next day and removed the tree while we were at work. They showed back up at the house 4 months after that(Sept. 2021) with a bill for services rendered. We refused... View More

Nicholas P. Weiss
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answered on Jan 15, 2025

Did you agree to the estimate? If not then they can't actually just do work for you and then bill you for it. They particularly can't do it if they failed to provide you with a right to cancel, which would likely violate Ohio's consumer sales practices act.

If you did agree...
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