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Ohio Real Estate Law Questions & Answers
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
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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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2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: Contract dispute over house square footage that was misrepresented.

We signed a contract to purchase a house for a specific sale price. The property was presented to have 1844 square feet. I thought it felt smaller and when I asked the realtor said wait for the appraisal to see. After appraisal it was noted the sale price was within market range but the actual... View More

Joseph Jaap
Joseph Jaap
answered on Nov 6, 2024

Most house listings have a disclaimer stating that the information is not guaranteed to be accurate, and buyer should verify it. Most purchase contracts also state that any statements by agents are not to be relied on by buyer. Most purchase contacts also advise buyers to get whatever inspections... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: How should I proceed if a surveyor put in a new property pin approximately 4.5 feet from a previous?

My neighbor hired a surveyor who put in a new property pin and staked the property line. The new property pin is approximately 4.5 feet from the previous one. The previous pin is listed on my Warranty Deed. The triangle shaped staked area in question cuts through my carport. My carport has been in... View More

Joseph Jaap
Joseph Jaap
answered on Oct 16, 2024

Talk to the surveyor who set the new pin and compare to the plat or legal description of your parcel. You might have to hire your own surveyor to confirm your boundaries and determine if the carport encroaches. Even if there is no encroachment, it might not meet the zoning setback requirements.... View More

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1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: What do I do if I was named in a foreclosure for a property I no longer own?

I currently live in FL; however, recently I was named as a defendant for a property that is being foreclosed on in Summit County Ohio. I owned the property in 2014 and sold it in 2016 and currently have no interest in the property. I am not sure how I was named in this situation with the courts.... View More

Nicholas P. Weiss
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answered on Oct 8, 2024

It is likely that you were named in an abundance of caution as having a potential interest in the property. All parties with an interest in a property must be named in a foreclosure. You can likely do nothing and be fine, but if you'd rather file something with the court disclaiming your... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Collections for Ohio on
Q: I have a timeshare loan I want out of. I can't use the services due to health and time restrictions. Is there any hope?

I have a points program with Bluegreen. I have been paying down the loan and kept yearly fees current. I still owe a good portion of the loan. I have rarely been able to use my points before they expire due to family and work time restrictions. I have also recently developed solar urticaria, and... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 4, 2024

There are attorneys who concentrate their law practices in taking in timeshares. Consult with experienced attorneys. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I have a question on buying a property with rented mobile home lots.

The lot is a .5 acre lot in Adelphi Ohio. There are two mobile homes on the lot they rent the lots but own the homes. We want to buy our own mobile home to move to the lot. Can we have the current tenants move if given a reasonable time to vacate? Would we be legally responsible for any cost in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 3, 2024

You are on notice of a rental agreement so you are bound by the terms. Once you know the terms and conditions as well as the length of the agreement (term) you can cancel the contract or refuse to renew.

There are very specific laws regarding mobile home parks and the eviction process. It...
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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Ohio on
Q: I was in a land contract and the landlord kept renewing it every year n raising the rent now he is making us month to mo
Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 29, 2024

The terms of the land installment agreement should be in writing and recorded with the County Recorder.

Unless the contract allows the rent to be modified by the landlord, the landlord cannot change the amount of the rent or the term

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: What are my options if I was sold a property without knowing the boundary line is inside my garage?

I purchased a property in 2024, my mortgage survey showed my west boundary line 3 feet outside of my garage. My neighbor is building a house and presented me with a pin survey he had completed in 2023 showing the boundary line is 5.5 feet inside my garage. I have started the process of going... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 24, 2024

Have a survey performed, and if your neighbor is correct file a temporary restraining order against further construction and a declaratory judgment action for the court to determine the rights of the parties. It is not when you purchased the property, but when the home was constructed, (or may be... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Constitutional Law and Landlord - Tenant for Ohio on
Q: Can a halfway house keep me from going to a home that I own.

I am trying to go home on an ankle monitor, my brother lives in my home and he has pending charges so they said I can not go there on an ankle monitor and I can not go there at all while he resides in my home. So I made plans to go stay at a friend's house. I then asked the halfway house if... View More

James L. Arrasmith
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answered on Sep 8, 2024

You have the right to ask for clarification and challenge the decision if you believe it's unreasonable or not based on actual regulations. If the halfway house is saying you can't go to your own home due to your brother's pending charges, they may be following a policy aimed at... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: How can I get my mother out of my house she does not have a lease and is not honoring our verbal agreement.

supposed to split all bills. all she has done, increased our utilities. accuses us of stealing. she is extremely paranoid.she has destroyed property. she has broken our washing machine. she has brought roaches into ourhome. she does very sneaky things. my husband and I both are seeing a doctor and... View More

Joseph Jaap
Joseph Jaap
answered on Aug 28, 2024

That sounds like a difficult situation. The proper eviction process can take several weeks, and that can create a tense situation before a tenant can be removed. Some landlords don't follow the proper eviction process to remove tenants and lock them out, and the tenant then sues the landlord... View More

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