Get free answers to your Real Estate Law legal questions from lawyers in your area.
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 
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
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?
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
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?
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
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?
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
Several years ago I was gifted property. Wanted to get home equity loan but found a Mortgage Lien from previous owners that hasn't been released. Recorded date was 04/19/2002. How do I find out if the mortgage has been paid and does a mortgage lien ever expire.
answered on Aug 6, 2023
Under Ohio law, a mortgage lien is a legal claim that a lender holds over a property as security for a debt. Typically, a mortgage lien does not have a set expiration date like other types of liens, such as mechanic's liens. Instead, a mortgage lien remains valid until the underlying debt (the... View More
The land is owned by two of us. I want to build. Can I and what’s the process.
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answered on Aug 8, 2023
You may want to ask this in the Michigan group. You posted in Ohio.
Tearing down her electric lines. She came to me today demanding that I help her with the “expenses” of having it repaired and get the tree cut back away from her house. Am I responsible? I told her I thought that her first call should be to the electric company for repairs (I’ve never had... View More
answered on Jul 28, 2023
My guess is that your question is whether you are liable for the damages. Like most things in law, the answer is "it depends". Has your neighbor complained to you about the tree or the branches? In order to establish that you were unreasonable or breaching a duty of care to the... View More
We did get it notarized and the tax bill also states we’re the owner
answered on Jul 24, 2023
That deed is defective, and you won't be able to close the sale until it is corrected. The seller who sold the house to you will have to sign a corrective deed, have it notarized, and recorded. If you can't find the seller, you could have to file a quiet title action in court, and that... View More
My ex forged my name on my deed signing over my house to him. Had his notary friend notarize it without my permission or presence. Now he’s threatening to evict me and idk what to do after I file a police report. We were never married if that helps.
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answered on Jul 17, 2023
If someone has forged your name on a deed and illegally transferred your property, it's important to act quickly. Gather evidence of the forgery and preserve all relevant documents and communication records. Notify the involved parties, express your objection to the transfer.
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answered on Jul 12, 2023
The distribution of assets from an estate typically occurs after all debts, taxes, and expenses have been paid, and any necessary court approvals have been obtained. This ensures that the estate's obligations are properly settled and that the beneficiaries receive their rightful share... View More
...vacated or can the half-width of our section be vacated only?
answered on Jun 27, 2023
I am not aware of partial right of way. Further, what compelling argument do you have for which a court would grant that relief to you, against the state or its geographic subdivision? You will need to allege something to overcome the presumption in favor of maintaining the status quo.
I know I am jumping the gun here but with no communication whatsoever or responding to certified mail request, I wanted to know ahead of time what I will need to do. I am concerned due this being the first payment, no response from them in any way, and them ignoring requests from their realtor I... View More
answered on Jun 24, 2023
Default may be defined by your land installment agreement. Assuming for a moment it is not, it would be any failure by a patch to fulfill a duty under that agreement. If they are late they are in default. You may exercise your statutory rights. Contact an attorney who regularly practices... View More
From the start of the marriage so that neight have to deal with it?
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answered on Jun 23, 2023
Dower is still a thing, unfortunately. A prenuptial agreement waiving claims to certain property will, as a matter of law, eliminate dower. However, as a matter of practice, most banks will not fund a transaction if the spouse does not waive their dower interest as part of the sale on the deed... View More
Guy owns lots of land around it and offered to buy 31%(what he thought was my dad’s part), but shouldn’t it be 100% since all others have been deceased for years? Lot appraised at just under $10,000…he bought lot next to it for $14,000…if he owns 100%…I’m thinking my dad should get more... View More
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answered on Jun 22, 2023
You will need to hire an OH attorney to at least read the Deed, if not also search the Title. If no survivorship is involved in the exact Estate created, then the attorney will need to determine heirship. Possibly an Affidavit of Heirship will need to be executed and recorded. With a alot of... View More
I have signed a contract to sell the house I live in. We signed another contact to buy a house. The latter, the house we’re supposed to move into, has significant water damage and we no longer wish to purchase it. How can we keep our current house, so that we are not homeless?
answered on Jun 19, 2023
The answer to your question is found within the purchase agreement you made with your buyers. Of course you can breach. The question is what will breaching cost you versus other remedies you may have for relocating (buying another house or renting). You need to review what remedy the buyer is... View More
would my rights to my leach field be compromised
answered on Jun 8, 2023
There might or might not be an easement recorded in the county records for your leach field. If the new neighbor interfered with the leach field, you could end up in court to assert the right to keep using the leach field. Make friends with the new neighbor to avoid any problems, but also use the... View More
answered on Jun 7, 2023
I do not practice in Kansas, but in Ohio that is what often happens. Typically it is reflected in the closing statement prepared by the title company. It reflects the sale price, seller's costs, buyer's costs, and then the very last number is the net amount to the seller.
She isn't on deed or mortgage
answered on Jun 5, 2023
It sounds like you may want to contact a real estate attorney to draft a contract for an assignment of the lease to this partner. It is not clear if this will be sufficient to bind whoever succeeds you to owning the property after your eventual demise.
The mail boxes old and the lock system is now broken so the mail carriers can not open it to deliver our mail. It has been 3 weeks! Does the owners of the park have to fix this and how long do they have?
answered on Jun 3, 2023
This would depend entirely on your agreement with trailer park. Trailer parks so not fall under the landlord tenant act unless you are renting the trailer rather than just the lot.
In OH, can you keep property obtained in marriage fully separate (during the marriage, not just in case of divorce), sell and do as you want with it without involvement of spouse (nothing shady, just both agreeing to full independence, one in other country caring for family both needing to act... View More
answered on Jun 2, 2023
In Ohio you can now enter into postnuptial agreements to treat property separately. There are conditions, however. The full values of all property by both spouses must be fully disclosed and the spouse must both have the benefit of independent counsel. There still is the issue of dower as well... View More
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