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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Ohio on
Q: If a nonprofit theatre company rents a space to perform, are they allowed to stop someone from seeing a performance?

Person wanted to be banned from viewing performances has no criminal records, nor any restraining orders against him.

Nicholas P. Weiss
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answered on Nov 13, 2023

Yes. So long as the ban is not based on a protected class, they are allowed to prohibit any person that they wish from the space.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Family estate inheritance. Selling estate, 6 siblings, 1 wants to sell with a solid offer, now. Other 5 want to wait?

I would like to sell now, and then other siblings want to wait. What can I do?

Anthony M. Avery
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answered on Nov 3, 2023

Hire an OH attorney to file suit for a Partition Sale.

1 Answer | Asked in Family Law, Foreclosure, Real Estate Law and Probate for Ohio on
Q: Can I sue the co-owner of a property for refusing to sell now that the property has been reverted to beneficiary?

Family member passed away and we inherited a percentage of this property. Other family member who inherited percentage of the property was living in it and refused to move or sell the house when we had a buyer. The property was foreclosed on because they did not pay the mortgage. Property went to... View More

Aaron Epling
Aaron Epling
answered on Nov 1, 2023

You probably need to file a partition action to force the sale. Except, the mortgage company may beat you to forcing another sale. A partition action can take months (or years) before you reach the end. I recommend you find a real estate attorney to advise you what your rights are.

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Ohio on
Q: There is presently 2 Condo Board members for the last 3 years and condo association has had 3 failed Quarum's .

What happens next. Breach of Condo Covenants. Fiduciary Duties

Todd B. Kotler
Todd B. Kotler
answered on Oct 20, 2023

There is not enough information here to adequately answer. What fiduciary duty has been violated? Has money been misappropriated? Has there been some actual damages that the association or the homeowners have actually suffered? What remedies are presented in the association bylaws? What... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: In Ohio Land Contract Law what would take precedence in a lawsuit. Would the Court follow the ORC or case law?
Todd B. Kotler
Todd B. Kotler
answered on Oct 16, 2023

Case law fills in the areas that are subject to interpretation within statutory law. Thus, the Court should follow both. This is why counsel is so important.

1 Answer | Asked in Real Estate Law for Ohio on
Q: The village trustee has not turned in check stubs to my loan officer it has been 3 weeks and I can't close on the loan
Todd B. Kotler
Todd B. Kotler
answered on Oct 11, 2023

Write the Trustee and explain exactly how you will be damaged (lay it out in dollars and cents) by the failure to execute their duty. This will at least put them on notice. You may still have sovereign immunity problems to getting to a verdict in your favor but it may be enough to light a fire... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: How can I get out of a contract to sell my home and a POA that they attached to their contract?

I signed a contract with and llc to buy my house and at end of contract was a POA which is state Authorization to sign docs and offers! We didn’t close on 45 th day they made a new contract with a new buyer and have not given me a copy and told me it doesn’t have to do with me! I told the 45... View More

Nicholas P. Weiss
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answered on Oct 19, 2023

The LLC is likely engaging in wholesaling. This is a legal, but ethically tricky, activity in selling a contract to another. It is unlikely that you can breach the contract without penalty.

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: In Ohio after I sign a contract to buy a home and escrow has started is there a window of time where I can pull out?

I signed a contract to buy a home in Ohio contingent on my parent putting down money for the down payment. Somehow the bank started escrow without receiving any money, and my parent has pulled out. I don’t have a loan that will cover the cost of the house and can no longer buy it without my... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 18, 2023

Check the verbiage in your purchase agreement. Specifically, see if there is a contingency on affordable or your ability to obtain financing. You didn't mention this in your question, but what is the $5k number for? My guess would be that it is earnest money; some purchase agreements will... View More

2 Answers | Asked in Business Law and Real Estate Law for Ohio on
Q: Who to file a lien against, the service location or the business that hired us?

I am in Ohio. My company performed a service at a business location. The company that hired us is an entirely different company, a contractor for the business location. The company that hired us refuses to pay us. We are going to file a lien, but need to know if we can file the lien on the... View More

Joseph Jaap
Joseph Jaap
answered on Sep 8, 2023

The mechanic's lien must be recorded in the county recorder's office against the real estate on which the work was done using the proper legal description. There are very specific requirements and time limits to file a valid lien. Use the Find a Lawyer tab to retain a local real estate... View More

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1 Answer | Asked in Real Estate Law for Ohio on
Q: If I own land that is in an LLC with two people, me and the other person, can they sign the land over to themselves?

Could they do anything with the land without my signature? Such as transfer it to their own personal name or sell it without my knowledge? We both have 50% ownership in the LLC

Todd B. Kotler
Todd B. Kotler
answered on Sep 6, 2023

This depends in part on the Operating Agreement of the LLC. Does one of the others act as a managing member? What are the powers vested in members to sell assets of the LLC? IS the approval of all needeed?

1 Answer | Asked in Real Estate Law for Ohio on
Q: Please call me. My mom died, I live with her and there's no will. My sister has power of attorney, but I was under unfai
Todd B. Kotler
Todd B. Kotler
answered on Sep 3, 2023

There isn't enough information in this question do truly answer it period if you are concerned is you should see how it is titled period also look to see if she swore out a transfer on death affidavit. If either of those are the case, you would be able to either file a certificate of... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: My mother passed away and she had no will. My sister has closed accounts that were in her and my mom's. My sister is unf
Anthony M. Avery
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answered on Sep 6, 2023

If the sister was a signatory authority on the account card, then the money was already hers. Ask to look at the signature card.

2 Answers | Asked in Real Estate Law for Ohio on
Q: if i sold a house 2 years ago and they have been trying to sue me for what they said is moister under the house and we

i sold a house 8-2-21 and she came back with a law suit again me for moist under the house and we did not know about and nor did her inpector she hired see it. I have an active home owner policy on this house, that i did not know was still active. how do i turn this into the insurance company to... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Sep 30, 2023

More information is needed here, but if you ever knew or had reason to know about the moisture under the home or moisture damage, and did not disclose that on your residential disclosure form prior to sale, you can be liable. Generally speaking, property sales are "as-is," often referred... View More

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1 Answer | Asked in Real Estate Law for Ohio on
Q: if you have a home owner policy on a house you sold 2 years ago, and now the new owner is trying to sue you for damage

they are saying there is moister damage that was there before they bought the house, we were not aware of this and the home inspector did not see it either. if i still have the home owner policy and it is active will the insurance company have to pay. i

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2023

An Ohio attorney could advise best, but your question remains open for a week. I believe the carrier could defend such a claim instead of accepting it - elements of notice, change of ownership, time elapsed, etc. But another attorney could see things differently. If you were represented by an... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: I closed on a duplex property on 7/31an haven’t received the tenants security deposit from previous owner what can I do
John Michael Frick
John Michael Frick
answered on Aug 18, 2023

Typically, your agreement with the Seller should specify how much you should receive and when. Since it is only a duplex--as opposed to a large apartment complex--it is not uncommon for the amount of the security deposit to just be mathematically eliminated at the time of closing. For example, if... View More

2 Answers | Asked in Real Estate Law for Ohio on
Q: Hello me and my wife sold a mobile home to a guy under the condition it had to be moved so we could put our house on

The property it has been 3 months and we have located several movers for him and he has yet to get it moved what can we do?

Also the title is only notarized to him he still hasn't put it in his name

Joseph Jaap
Joseph Jaap
answered on Aug 17, 2023

To get it removed, you will have to file an eviction. But it isn't a normal eviction where you just put the belongings out on the street. Use the Find a Lawyer tab to retain a local real estate attorney to review the situation and advise you.

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Can I make the previous owner of my house pay for undisclosed moisture issues in crawlspace?

I recently purchased a home and decided to forgo a home inspection. The sellers did not disclose any foundation issues and a big selling point was that the basement was waterproofed. Upon moving in, we learned that part of the house is above a dirt crawlspace with no vapor barrier. One of the rooms... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 16, 2023

It is possible but difficult, especially if a home inspection would have uncovered the defect. The seller could credibly argue that the property was sold "as is" and that a reasonable home inspector would have inspected the crawl space and looked under the rug. You will need to... View More

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1 Answer | Asked in Real Estate Law for Ohio on
Q: What happens if my Land Contract sellers get divorced?

I'm buying a property on Land Contract and the deed is in both the husband and wife's names. If they get divorced, will that have any impact on our agreement?

Joseph Jaap
Joseph Jaap
answered on Aug 14, 2023

One or the other of them might end up as the sole owner after the divorce. So that might change who you make payments to, but your payments won't change because of the divorce, and the land contract remains in effect according to its written terms. Note that the land contract should have... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: I recently won a bid on a sheriff sale in Lake County Ohio. I am following all of the information on the clerk of courts

As of today, it says motion to stay, confirmation of sale, and enlarge time to redeem does that mean the defendant gets to keep their property?

Kelly A Rochotte
Kelly A Rochotte
answered on Aug 23, 2023

There's not quite enough information here to answer fully, but it appears as though the property owner is disputing the foreclosure process. Possibly they weren't served under Civ. R. 4, or have other grounds for contesting the foreclosure itself. "Motion to stay" could mean a... View More

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Ohio on
Q: in Ohio, are HOA's allowed to charge finance charges? they are not a lender or creditor and yet i was charged $3.12

i was late one month and was charged a late fee of $25 which i understand is ok, but also a finance charge. there are no terms and conditions stating this charge and they are not a lender that i am borrowing money from. is this allowed and if so, why?

Joseph Jaap
Joseph Jaap
answered on Aug 7, 2023

If the full amount owed to the HOA, including finance charges, is not paid, then the HOA can record a lien and foreclose it if not paid. The judge would decide if the finance charge is allowable based on the HOA declaration and any actions taken by the HOA board of directors to implement finance... View More

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