Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: Do I need a real estate lawyer when I'm forced to pay taxes that should have been prorated since my wife is totally disa

Disabled and just recently had a major heart attack 20 days ago then 4 days ago last week sometime

Todd B. Kotler
Todd B. Kotler
answered on May 21, 2023

You may wish to do so. In order to receive a disability you will likely need to file a DTE Form 105A

You may find Ohio Tax forms here

https://tax.ohio.gov/wps/portal/gov/tax/business/ohio-business-taxes/sales-and-use/information-releases/st200502

ANd bulletins specific to...
View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: As a buyer, do i have to pay a $500 Broker's Document Retention Fee and service fee of $250? The property is in OH.

I am making an offer on a property and this is stated on the offer contract

Matthew Williams
Matthew Williams
answered on Apr 25, 2023

The parties to a contract are free to make whatever terms they like (within reason). How you split up the various fees involved in a property sale is a matter that can be negotiated. If you sign an agreement that says you are responsible for a fee, you should expect to pay it.

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Ohio on
Q: Can i have my sister removed from my home and reported her elderly abuse.

I own a house in Ohio that my parents are currently living in. I live in Texas. My father is on hospice and my mother just recently had a partial foot amputation. My sister decided to use FMLA to stay and take care of them, well mainly to take care of my dad. She is now terrorizing the home. I... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2023

Call Ohio adult protective services ASAP: https://aps.jfs.ohio.gov/

If she doesn't actually live there, then change the locks and lock her out. She is not a tenant and not subject to Ohio tenant protections. Call the police as well and report her for trespassing.

1 Answer | Asked in Real Estate Law and Federal Crimes for Ohio on
Q: My mom signature was forged 15 years ago on a quit claim deed document. Is there anything we can legally do now?

My mom and dad got divorced in 2005 and decided the house would go to me or my dad had to sell it and split the profits. My dad lied and said he sold it to my sister, but what really happened was my sister forged my moms name and also notarized the quit claim deed in 2007 saying my mom was giving... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2023

Most fraud has a statute of limitations date of four years from the date of discovery. It sounds like you are well past the statute of limitations to contest the fraudulent deed.

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Ohio on
Q: An LLC bought my duplex, after 1 years states they will fix issues after we leave. want to rent to their son instead?

LLC bought duplex , raises rent 200 then, when I ask for new lease I got a text that said, to difficult to fix issues while you live there so , 2 months notice to leave so the can fix apartment for the LLC son to move in? they have already moved their nephew in upstairs. I do not want to move. They... View More

Joseph Jaap
Joseph Jaap
answered on Apr 10, 2023

It makes no difference if landlord is an LLC. If you do not have a written lease for a specified lease term, then landlord can terminate your tenancy by giving 30 days written notice. Landlord is giving you 2 months. If you don't leave, then landlord can file an eviction, which is a... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can a neighbor remove a surveyor’s boundary marker under Ohio law?
Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 8, 2023

R.C. 2909.07 No person shall ….. (3) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with a bench mark, triangulation station, boundary marker, or other survey station, monument, or marker;

The original survey is the act of marking the...
View More

2 Answers | Asked in Real Estate Law for Ohio on
Q: My mother Quit Claimed her home to my sister and I at the time of her death in 2018. Are we responsible for a balance on

a home improvement loan she had on the property?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2023

You are not personally responsible for the loan, but there is likely a lien on the house as a result of the loan allowing the lender to foreclose on the property if the loan is not satisfied.

View More Answers

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Ohio on
Q: What does a motion to stay do for defendant after a foreclosure, and writ of possession has already been filed?

I electronically filed a motion to stay with the court, and it was approved. This happened after the Plaintiff already had a Sheriff's auction and obtained my home, as well as they filed a Writ of Possession. If it was electronically filed and approved, does this mean that judge approved it or... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 8, 2023

The homeowner maintains title in the real property until the Sheriff's Sale is confirmed. The right of the purchaser at sale to obtain a writ of possession is typically included in the decree of foreclosure. However, the order of confirmation is the mechanism that cuts off the... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Ohio on
Q: Does my cosigner's husband have legal claim to my house during a divorce in a dower state?

I am unmarried and own a home. My mom (married) cosigned my mortgage a few years ago and is listed on the deed with me, though I pay the mortgage myself. She is now getting a divorce and her husband's legal team is claiming that my house is marital property. I live in a dower state and my... View More

Joseph Jaap
Joseph Jaap
answered on Mar 31, 2023

Your mother's interest in the home could be marital property, depending on how her ownership interest is listed on the deed. The divorce will determine how all marital property is divided, included any ownership interest she has, and some of her equity might be awarded to her spouse in the... View More

1 Answer | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Ohio on
Q: Property lien purchased for 532.00.

A Lien was purchased for forgotten half a year of property taxes. Rookie mistake. Taxes are now current and will stay that way. The Lien expires in 3yrs. We don't plan on moving for 5+yrs. Have no mortgage and own home outright. Should I go ahead and pay lien in full? Can third party llc... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 8, 2023

Tax lien expires in 15 years. Interest rate negotiated on the tax certificate was probably 18%. In 15 years with interest the lien will be approximately $2100.00 and they will require you to pay Court costs and attorney fees to avoid the property going to Sheriff's Sale. It is not something... View More

2 Answers | Asked in Real Estate Law for Ohio on
Q: Who is responsible for retention pond?

.

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 8, 2023

Your declarations and by-laws will most likely address the issue of the retention pond. Most likely it is characterized as part of the common area. Your annual assessment should be based upon anticipated expenses and maintenance of the retention pond if defined as a common area would be included... View More

View More Answers

1 Answer | Asked in Real Estate Law for Ohio on
Q: If the Article of Incorporation for my HOA were canceled by the Secretary of State, who has the legal right to reinstate

those articles? The HOA existence was canceled with Articles of Incorporation however, the existence of the HOA was recently reinstated by the state, does that automatically reinstate the articles of incorporation?

Joseph Jaap
Joseph Jaap
answered on Mar 16, 2023

Cancellation by the Ohio Secretary of State does not terminate the existence of an entity. Termination is done only as provided in Ohio law. The Articles remain in effect as filed with the Ohio Secretary of State until they are changed as provided by law by those who have the authority to change... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Neighbohood developer created an HOA. Does it still exist if lot owners were supposed to take control but didn't?

Developer created a HOA when building neighborhood. He created a non profit corporation via secretary of state and filed declaration of restrictions with county recorders office. According to the restrictions it states management and voting control concerning all issues regarding association... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2023

It's less about paperwork and more about use. If no one is actually utilizing the HOA, then a strong argument can be made that the restrictions and provisions of the HOA no longer apply.

2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Elder Law and Estate Planning for Ohio on
Q: My mom is wanting to put her house in mine and my sisters house name, what would that do yo our taxes?
Andrew Popp
Andrew Popp
answered on Mar 7, 2023

I recommend sitting down with an estate planning professional to discuss. If your mother makes such a transfer it could be subject to gift taxes. Additionally, if she were to need benefits under a needs based assistance program like Medicaid, such a gift would impact her eligibility and may mean... View More

View More Answers

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can punitive damages be recovered on real estate taxes by prior owner not disclosed on closing document?

Closing document did not credit new owner with taxes that should have been paid by previous owner. The amount involved (approx. 4 months) is not large but if punitive or other damages can be claimed it may be worthwhile to move forward. Property is located in Clermont County Ohio. There are other... View More

Joseph Jaap
Joseph Jaap
answered on Feb 27, 2023

No punitive damages. Real estate taxes are a matter of public record, and a buyer is deemed to have notice of them, and a seller is not required to disclose them to a buyer. If there were errors or omissions on the settlement statement, contact the title agency that conducted the closing to get... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: I live in a condo. We were recently charged a "cleaning fee" we didn't agree to pay. Is this legal?

We pay a monthly association fee but we have never been charged a "cleaning fee" for our clubhouse. We did not pre-authorize the cleaning but the fee was still assessed. To me, this does not seem to be a legal debt. Am I correct?

Joseph Jaap
Joseph Jaap
answered on Feb 27, 2023

The board of directors of the condominium association can change the amount of the monthly fee and impose new fees as permitted by the Declaration of Condominium recorded in the county real estate records. Review the declaration to determine if the board was acting properly, which it probably was.... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: If it is decided by our HOA members our unincorporate association needs to be an incorporated association, does it take

all the members to agree or is it just a majority that have to agree to become incorporated. Are the members of an unincorporate HOA legally obligated to pay annual dues? We are having issues with some members not paying their dues this year they seem to be misunderstanding their obligation to our... View More

Joseph Jaap
Joseph Jaap
answered on Feb 27, 2023

The HOA covenants recorded in the county recorder's office require owners to pay their annual assessment. It does not matter whether the association is incorporated or not. The association can place liens on the home of any owner who does not pay. Use the Find a Lawyer tab to retain a local... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Our developer never created bylaw(code of regulations) with our Declaration of Restrictions for our HOA dating back to

2003. We are a self managed HOA having 19 homes and for 19 years maintained the common area, provided yearly financial reports, filed our taxes, collected all dues every year, paid all expenses, kept yearly due amounts the same for over 5 years, communicated to homeowners on issues, even filed a... View More

Joseph Jaap
Joseph Jaap
answered on Feb 24, 2023

The HOA should have been incorporated as a non-profit corporation with the Ohio Secretary of State to implement the HOA covenants recorded in the real estate records. Without that, the HOA has been operating as an "unincorporated nonprofit association," which still has legal status as a... View More

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Ohio on
Q: Question about property damage. My neighbor has a sump pump that's made a pond/swamp that is affecting my yard and drive

My neighbor has a sump pump that drains out into their yard but borders mine. This has created a pond/swamp in the area and is quite large. This swamp makes it impossible to use part of my yard or even trim it. Also my driveway borders up against this area and has cracking and sinking in towards... View More

Joseph Jaap
Joseph Jaap
answered on Feb 21, 2023

Damage from normal water runoff does not give a claim. But if water is redirected or collected to send more runoff, then there can be a claim. Depending on the source of water into the sump, the slope of the land, and where the neighbor directed his sump discharge, you might have a claim for... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Is the HOA able to increase fees by 10% without membership vote? The fees would have been increased 20% in 2 years.

Fees have not seen an increase since 2017 and in the last 2 years, we will have had a 20% increase based on "budgetary needs". Is it required to have a membership vote to proceed?

Joseph Jaap
Joseph Jaap
answered on Feb 15, 2023

The HOA Declaration of Covenants and Restrictions specifies the process for the HOA to change the amount of the assessment and if a vote is required. Review the HOA Declaration for the requirements and talk to the HOA management company or the HOA board members.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.