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Ohio Real Estate Law Questions & Answers
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... View More

Joseph Jaap
Joseph Jaap
answered on Feb 23, 2021

Auditor websites typically have a disclaimer that the information is not guaranteed to be accurate. It is unlikely they will go back to recalculate and credit you any overpayment. Each county auditor in Oho just completed its revaluation of real estate, so the 300 sf might not make much... View More

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1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: State of Ohio holds income tax liens on real estate I own jointly with my wife. The value of the real estate is low.

The sale of the property will not satisfy the tax lien. Other than paying the tax lien, how can I dispose of the property?

Joseph Jaap
Joseph Jaap
answered on Feb 19, 2021

If the taxes exceed the fair market value, then if the taxes are not paid, eventually the county will send the property to tax foreclosure sale. If you can't find a buyer willing to pay the tax, then you could try auctioning it.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: I want to erect a coop to raise 6 egg laying hens on a property that is less than an acre in Delaware County Oh.

I don't own property yet, so if there is a neighboring county that is more lax that would be very helpful.

Joseph Jaap
Joseph Jaap
answered on Feb 15, 2021

It depends on local zoning laws which are different from one place to another. Check with the local zoning office.

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: Can the State of Ohio prevent the sale of real estate if they hold a Tax Lien against the property?

The State of Ohio holds a Tax Lien against real estate that I own jointly with my spouse. The tax debt is solely mine and does not involve my spouse. My spouse would like to sell the real estate and get their share of the proceeds. My share of the proceeds will not be sufficient to pay off the... View More

Joseph Jaap
Joseph Jaap
answered on Feb 8, 2021

The state will not intervene to stop the sale, but unless all liens and mortgages can be paid at closing, then the buyer will not close the sale. You would have to pay money at closing to make up any deficit, for there to be sufficient funds to pay off the lien. Otherwise, a buyer will not close.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Hello. I just purchased a manufactured home ( downsizing) I was told the lot rent was a certain amount/ water included

After purchase and brought title to office, I was told that changed a month prior. Ok..I will deal with it, then I got a letter yesterday stating the lot rent is going up $28 more dollars starting March. I haven't even moved in yet and its about $5O-70 more than I "agreed" Is there... View More

Joseph Jaap
Joseph Jaap
answered on Feb 8, 2021

It depends on what is any rental agreement that you and the landlord signed. What they "told" you is probably not legally binding. Use the Find a Lawyer tab to consult a local attorney. If the landlord has done this to others, you might band together to retain an attorney to deal with... View More

1 Answer | Asked in Divorce and Real Estate Law for Ohio on
Q: What constitutes a gift ? Profits from house sale give to 1 person and 1yr later the other spouse wants there share back

Have a signed notarized agreement to gift the profits of home to other spouse

Cathy Cook
Cathy Cook
answered on Feb 4, 2021

Need more facts. If you were separated, physically & financially, when this was written, it could be a partial separation agreement and valid. If this was done while you were still living together or still financially together, it would not be, ax we do not recognize post-nuptial agreements in Ohio.

1 Answer | Asked in Real Estate Law for Ohio on
Q: If five family members own a house and five acres, and four members want to sell, can it still be sold?

Five siblings own five acres and a two story farmhouse in northeast Ohio and four of the family members no longer to rent the property but they want to sell. Can this property be sold if one family member refuses to sell? Can the four members still sell it all and give the disagreeable member their... View More

Hunter G. Cavell
Hunter G. Cavell
answered on Feb 4, 2021

Yes. Since more than one owner wants to sell, there will be a judicial partition action to force the fifth to sell or buy out the other four. You should contact an attorney to see how to go about this.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can a development retroactively invoke a homeowner’s association and then attempt collect dues for 3 previous years?

We purchased a home in NE Ohio in 2017. The paperwork from our realtor indicated that there was no HOA. In May 2017, we received a notification from one of the homeowners that there was an informational meeting for the residents to “take over the HOA”; which was the first we heard of the... View More

Joseph Jaap
Joseph Jaap
answered on Feb 1, 2021

HOAs are created by a declaration recorded in the county real estate records, and all purchasers are legally deemed to have notice of them, regardless of what anyone might tell them, and they are legally bound by them. If the board follows the proper procedures specified in the declaration to... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: My husband and I bought a house from his mother and step father. They won't sign house over.

We paid for a year and a half then agreed lump sum of 2000 to have it signed over. We gave them 1300 and agreed to rest once title was signed over. They still haven't done it and are refusing to sign.

Joseph Jaap
Joseph Jaap
answered on Jan 29, 2021

If they are in breach of the contract to sell the house, then you will have to sue them to get a court to order them to complete the sale and sign the deed. Use the Find a Lawyer tab to retain a local real estate attorney to review the contract and advise you.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can a vendee of a land contract enter into a Land contract agreement to a third party

Can a vendee of a land contract enter into a Land contract agreement to a third party without Original Vendors permission in Ohio.

Joseph Jaap
Joseph Jaap
answered on Jan 26, 2021

It depends on whether the original land contract restricts assignment of vendee's interest. Use the Find a Lawyer tab to retain a local real estate attorney to review the land contract and advise you.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Who is liable if a developer did not properly repair an issue on a house but since was acquired by a new company?

We had a home built in 2018 in Ohio by a developer. There was a roofing issue that caused leaking. The company came in and repaired the leak in 2020. However, the leak does not appear to have been repaired correctly, as there is a leak in the same area. In the interim, the company has now been... View More

Joseph Jaap
Joseph Jaap
answered on Jan 25, 2021

Unless the new company assumed the liabilities of the old company, the new company would not be liable. You can ask them. But if new company is not liable, and the old company is out of business or no longer has any assets, you might could contact the roofer who did the poor repairs.

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: Is 2/3 owner of residence required to inform 1/3 owner of taxes/maintenance costs? If so, what's the timeline?

Majority owner left property abandoned and failed to maintain. minority owner was not made aware of property tax costs. Majority

Joseph Jaap
Joseph Jaap
answered on Jan 25, 2021

There is no law requiring notice, but if the owners have agreed that one owner is responsible for maintenance and doesn't do it, the other owner could sue to recover. Information on taxes is available on-line, so all owners can review what is owed. But if the owners have agreed that one... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Do I have a case in Small Claims Court (Real Estate Contract)?

Bottom line: Buyer wants the seller to reimburse for Home Inspection fee ($900).

Details:

1. Seller covered up gaping water-damage holes in the floorboards/framing structure with brand new carpet.

2. Seller checked "no" on the Property Disclosure Form for any known... View More

Joseph Jaap
Joseph Jaap
answered on Jan 22, 2021

It is not possible to guess what the outcome might be at court. It depends on the evidence, how it is presented, sincerity and demeanor of witnesses, and other factors. If the judge did not think the floor damage was a significant problem, then the judge might dismiss the case. You could get an... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: In Ohio, do all apartment complex have to take Section 8 now because of covid, even if we didn't before?

We are a higher end apartment complex and someone said now all apartments have to take section 8. Is this correct?

Matthew Williams
Matthew Williams
answered on Jan 20, 2021

No. There have been some changes along those lines but nothing so broad. Toledo for example passed an ordinance that says landlords cannot reject applicants solely because they rely upon vouchers to help pay their rent. But it doesn't go into effect for about two months and there is nothing... View More

1 Answer | Asked in Divorce and Real Estate Law for Ohio on
Q: If I am on the mortgage can I still apply for a house on my own? I want to apply for one with my bf this year.

I just dont want me to not be able to get a house bc they are using my credit for him to keep the house

Cathy Cook
Cathy Cook
answered on Jan 19, 2021

You will probably have trouble qualifying since you are on another house loan. You should have required you ex to refinance the loan.

1 Answer | Asked in Divorce and Real Estate Law for Ohio on
Q: How do i get my name off the house if paperwork is filed and bank still wont let me get off because debt to income

I have been divorced for 3 years. My ex has the house bc it's his grandfathers. He filed the paperwork for me to get off the house but the bank wont let me bc of his debt to income ratio. I want off the house bc i would like one on my own. It's part of the divorce settlement

Cathy Cook
Cathy Cook
answered on Jan 17, 2021

Sorry for your situation. Does your divorce settlement provide that if your ex cannot refinance he must sell the house? That is likely the only way you can get off the mortgage debt if he cannot refinance. If it doesn't, you can ask if he'd agree to do so, but he has no legal requirement to.

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
Joseph Jaap
Joseph Jaap
answered on Jan 14, 2021

Check your purchase contract. It might say that no other statements, advertisements, etc. are binding - only what is specifically stated in the written contract that you and seller signed. Use the Find a Lawyer tab to retain a local real estate attorney to review the contract and advise if you... View More

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1 Answer | Asked in Real Estate Law for Ohio on
Q: What can I do with the property?

We gave 90 days after close until we received possession of an outbuilding due to the amount of stuff that was in the outbuilding. The contract states that the seller will be responsible for any costs to remove items from the property. What can I legally do with these items as nothing has been... View More

Joseph Jaap
Joseph Jaap
answered on Jan 8, 2021

To be safe, you might have to file an eviction action to be able to dispose of the property. Use the Find a Lawyer tab to retain a local real estate attorney to review the situation and advise you or contact the seller on your behalf.

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... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Who is responsible for organizing HOA board and meetings when it hasn't been done in years?

There was a board, but when the president moved out, prior to us moving in, no one seems to be organizing anything. We have a property manager who collects dues and takes care of general maintenance, but that's it. There are things that still need to be addressed like, repairing leaks in the... View More

Joseph Jaap
Joseph Jaap
answered on Dec 29, 2020

It is up to all the owners to operate and manage their own HOA. Ohio law provides the framework at this link: http://codes.ohio.gov/orc/5312 The declaration for a particular HOA provides additional specific rules for that HOA. If the board has ceased to function, then review the HOA declaration... View More

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