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Ohio Contracts Questions & Answers
2 Answers | Asked in Estate Planning, Contracts and Real Estate Law for Ohio on
Q: Seeking legal steps to regain ownership after quit claim deed transfer

I gave my mother a Power of Attorney to manage a property while I was serving in the armed forces. The property became delinquent on taxes for 4-5 years, affecting my security clearance renewal. To resolve this, I paid the taxes and was advised to file a quit claim deed to transfer tax... View More

Todd B. Kotler
Todd B. Kotler
answered on Jun 24, 2025

I recommend you hire an attorney who regularly practices real estate law in the county where this property is located. Based on your question, it sounds like you may have at least two potential claims against your mother. One is for breach of fiduciary duty since she did not exercise do care with... View More

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2 Answers | Asked in Civil Litigation, Landlord - Tenant, Contracts and Real Estate Law for Ohio on
Q: Can I retrieve belongings taken by my grandmother while living in her Ohio home?

I am almost 20 years old and living with my grandmother in her home. Although I have a job, my own money, and room, my grandmother often takes my belongings, such as incense, electronics, and makeup, claiming I don't deserve privacy in her home. Recently, she took a $500 electronic item I... View More

Todd B. Kotler
Todd B. Kotler
answered on May 30, 2025

You have three choices. You could file a criminal complaint for theft. You could file a small claims complaint for conversion which is the civil tort that's similar to theft, where you're asking for a return of an item or its monetary equivalent. Lastly, you could continue to do nothing... View More

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2 Answers | Asked in Contracts, Real Estate Law and Civil Litigation for Ohio on
Q: Can I recover costs from co-owner for unpaid house upkeep in Ohio?

I own a house jointly with someone, but I have been the sole occupant and have covered all maintenance and taxes for the past 20 years. Both names are on the property deed. Initially, we had a verbal agreement to share expenses, but this has not been followed. I've attempted to address the... View More

Joseph Jaap
Joseph Jaap
answered on May 14, 2025

Without a written agreement, if you sue the co-owner, it could be difficult to get any reimbursement. You could file a "partition action" asking the court to order the property sold. The court could credit you with the co-owner's unpaid share of the costs in the distribution of... View More

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2 Answers | Asked in Landlord - Tenant, Contracts, Gov & Administrative Law and Real Estate Law for Ohio on
Q: Options to stop eviction in Ohio mobile home park after rent delay and breach of Promise to Pay Agreement?

I live in a mobile home park in Ohio and I am currently behind on my rent payments. Previously, I managed to pay off my rent before court dates or paperwork filing. This time, I signed a Promise to Pay Agreement to make three payments; I made the first two but couldn't make the third one. I... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 8, 2025

It sounds as though the promise to pay was signed after the 3 day notice was given. If you made 2 of the 3 payments towards the current month's rent, then the notice to vacate would be invalid and rendered void based upon accepting rent for the future rent period.

However, if the...
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2 Answers | Asked in Contracts, Civil Litigation and Business Law for Ohio on
Q: Should I hire a lawyer for a civil court case against contractors who didn't complete the job as contracted?

I hired contractors to complete work under a contract, but they did not finish the job and have blocked communication after I confronted them. I've filed complaints with the BBB but haven't received help from an attorney. The case is open, and the contractors are pending receipt of their... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 28, 2025

Yes, you should hire an attorney. There are a number of issues that you must consider. For example, did they fail to complete or did you prevent their performance. Did the contract render time is of the essence. Was the delay in completion reasonable under the circumstances. Was the work... View More

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2 Answers | Asked in Nursing Home Abuse, Personal Injury and Contracts for Ohio on
Q: Nursing home camera liability waiver implications in Ohio?

My mom is in a nursing home as a high-risk fall patient, and they've changed their rules regarding cameras in rooms. We were given a Release of Liability/Indemnification form to sign, which states that the facility is released from liability for all claims related to privacy violations from... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 24, 2025

The form release and indemnification essentially requires you to release the nursing home from any and all claims that may be brought against the nursing home resulting from the installation of the camera. Your mother may have an expectation of privacy within the nursing home room. If your mother... View More

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2 Answers | Asked in Real Estate Law and Contracts for Ohio on
Q: Shared septic tank discovered after home purchase, no disclosure.

I purchased a house in July and recently discovered that the adjacent home shares our septic tank. The previous owner and the adjacent homeowner are siblings. There was no disclosure of this arrangement during the sale, only an easement for the driveway and electricity. The adjacent homeowner... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 18, 2025

Resolving the issue will be learning what your legal rights are and protecting them. There were most likely no issues that were required to be disclosed by the homeowner, and the realtor probably did not know about it. Depending on the date that the neighboring home was built, a shared system may... View More

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3 Answers | Asked in Real Estate Law, Contracts and Landlord - Tenant for Ohio on
Q: Lease-to-own issues with unreachable co-owner on deed in Ohio.

I have a lease-to-own contract with my landlord regarding the property. However, my landlord's brother, who is listed on the deed, cannot be reached. The contract does not mention the brother, and I have been paying taxes and doing repairs. How can my landlord proceed with selling the house to... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 3, 2025

You should invest in the time of an attorney where this property is who practices real estate law regularly. It is imperative that a lawyer review your land instalment contract. Further, you may need to file a quiet title action to settle the status of the property. WIthout a review of the... View More

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3 Answers | Asked in Real Estate Law, Contracts and Landlord - Tenant for Ohio on
Q: Lease-to-own issues with unreachable co-owner on deed in Ohio.

I have a lease-to-own contract with my landlord regarding the property. However, my landlord's brother, who is listed on the deed, cannot be reached. The contract does not mention the brother, and I have been paying taxes and doing repairs. How can my landlord proceed with selling the house to... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Apr 3, 2025

Your landlord would need to either buy out his brother's interest in the property or file a partition action to have the court order him as the rightful owner (100% interest). Then he can sell it to you without his brother's permission. Otherwise, as long as someone else is a co-owner of... View More

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2 Answers | Asked in Collections and Contracts for Ohio on
Q: Ohio judgment lien statute of limitations for credit card debt?

In Ohio, does the statute of limitations for a judgment lien begin on the judgment date (4/4/2019) or on the filing date (10/22/2020), considering it was filed in two different courts in the same county? The judgment is related to credit card debt incurred by my ex-wife without my knowledge,... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 1, 2025

The original judgment becomes dormant after five (5) years, or five (5) years from the certificate of judgment or other attempt to collect. R.C. 2329.07. The judgment itself does not create a lien until a certificate of judgment is filed. If a judgment lien exists, then the limitations period is... View More

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2 Answers | Asked in Landlord - Tenant, Contracts, Banking and Real Estate Law for Ohio on
Q: Overpayment issue with rental company & bank endorsement requirements in Ohio

I accidentally made an overpayment of approximately $2,000 from my bank account to the rental company for last month’s rent. Approximately $500 of that amount was used to pay for my ex's portion of the rent, even though he had agreed to cover his share. The rental company sent a check with... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2025

Many more facts are needed to answer this question. When you refer to your ex, are you referring to an ex boyfriend or an ex husband? If it is an ex husband, is there a final divorce decree including a separation agreement, or is this a pending matter? When you say that your ex agreed to cover... View More

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1 Answer | Asked in Divorce, Contracts and Family Law for Ohio on
Q: Is my handwritten note binding in an Ohio divorce?

I signed a handwritten note detailing some terms for property separation, child support, and 401k division, intending it for a dissolution. The note was not signed by my spouse, nor was it notarized or witnessed. Later, I decided to change my stance on these terms, and my spouse filed for divorce... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2025

Unlikely. Ohio now allows for post-marital agreements that would govern the terms of a property division in divorce but they are enforceable only in the following situations.

(A) The agreement is in writing and signed by both spouses ;

(B) The agreement is entered into freely...
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1 Answer | Asked in Landlord - Tenant, Contracts and Gov & Administrative Law for Ohio on
Q: Can unofficial agent demand rent and threaten eviction?

I have lived in my home in Ohio for 2.5 years without a formal lease. Recently, a woman claiming to have power of attorney for my landlord, and identifying herself as his niece, demanded rent payment and threatened eviction if I don't provide proof of payment to her. She has not shown any... View More

Joseph Jaap
Joseph Jaap
answered on Mar 3, 2025

Without a written lease, a tenant is a month-to-month tenant whose tenancy can be terminated by giving a 30 day written notice. If the tenant does not leave, then the landlord can file an eviction action. A person can execute a power of attorney (POA) to appoint an agent who can take legal... View More

1 Answer | Asked in Divorce, Family Law and Contracts for Ohio on
Q: How to enforce 50% pension entitlement after divorce?

The judgment from my divorce in Ohio entitles me to 50% of my ex-wife's pension, but she recently retired and I have not yet received anything. I haven't obtained a Qualified Domestic Relations Order (QDRO) or contacted the pension plan administrator. We haven't discussed this issue... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2025

Contact the plan administrator regarding the situation and ask if they have their own preferred QDRO, which they probably do, for the division. Draft the QDRO according to their requirements and get it approved by them. Then file the QDRO with the DR court, and give a copy of the court approved... View More

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 Contracts for Ohio on
Q: Cash for homes wholesaler failed to close on a contract. Do they not owe me the money in escrow when contract states so?

This is how the language used in the contract. I held up my end of the deal, they failed to find the Buyer and close

Buyer will pay 1000 to escrow agent as an earnest money deposit if the buyer fails to close for any reason other than the contingencies described in the agreement then the... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jan 15, 2025

Ohio Revised Code §4735.24 requires the escrow agent to maintain the funds in escrow until it receives an executed agreement directing the funds to be disbursed, or a final judgment of a Court directing the funds to be disbursed.

If the buyer will not execute a release, then you will have...
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1 Answer | Asked in Construction Law and Contracts for Ohio on
Q: What do I do if I paid half deposit to contractor not doing his contracted duties and I have proof of bad workmanship?

He isn’t following zoning set back rules. I paid a surveyor to certify my property lines. He hasn’t registered his business with my county. He’s not treating my job as a priority and I’ve caught him with bad workmanship with pic proof. He’s been paid a full deposit of half the cost and in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Nov 29, 2024

You have a written contract, and an attorney should review the contract to make certain you are complying with all your obligations. You should have a zoning inspector come to the property and verify set back requirements are being complied with by the contractor. If there is an issue you should... View More

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 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

Bruce Martin Broyles
Bruce Martin Broyles
answered on Nov 6, 2024

For a more thorough answer an attorney would need to review your purchase agreement. A standard purchase agreement would have an appraisal contingency. However, the contingency is usually fulfilled if the property appraises for the amount of the purchase price. With the square footage being off,... View More

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1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Arbitration / Mediation Law for Ohio on
Q: What should I do in a case of fraudulent misrepresentation?

Was convinced to sign up for a service by door to door salesmen. They said it would only cost $50/mo, cheaper than what I paid at the time, & the first month wouldn't exceed $70. Told to ignore higher total when it calculated to $120. Perjuration made first bill $300+. Tried to cancel. Was... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2024

An Ohio attorney could advise best, but your question remains open for over a week. This is a mess that could require sorting out beyond what is possible with a few quick recommendations on a Q & A forum. At this point, the debt collector will require attention - either on your own, expressing... View More

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