Ohio Real Estate Law Questions & Answers

Q: adisneyworld.com is my domain name. can i use this domain name for amazon affiliate marketing?

1 Answer | Asked in Business Law, Identity Theft and Real Estate Law for Ohio on
Answered on Apr 22, 2019
Joseph Jaap's answer
Disney is likely to sue you for trademark infringement, which could allow them to collect damages and their attorney fees from you. Use the Find a Lawyer tab to talk to a local trademark attorney before using that domain name.

Q: What r my rights if there is an eviction but I'm not in it and I have no lease but landlord knows 90 days at unit

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Answered on Apr 8, 2019
Joseph Jaap's answer
It is enough for landlord to post the notice on the door. If there is an eviction, the eviction includes all residents, so you would have to leave.

Q: Purchased a home in 1997 sold as county water and sewer. Selling now and inspector found it's actual a septic tank.

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Answered on Apr 4, 2019
Joseph Jaap's answer
There are various statutes of limitation that might apply, either for a home sale contract or for fraud. Those are all shorter than 22 years. The clock starts either when the event occurred (when the seller told you it was county water and sewer in 1999) or when you learned about the problem (you just found out), or should have learned about it (should you have inspected in 1999). The seller would say that you should have inspected better when you purchased in 1999, and that the statute of...

Q: Signed a lease in OH for April 1. found out we have to move elsewhere for Husband's job. LL has deposit...

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Answered on Apr 3, 2019
Joseph Jaap's answer
If the lease says you can terminate if not delivered on April 1, then send landlord notice of termination. Try to work it out with landlord.

Q: My father in law owns a farm that is to go to my husband upon his death. My husband has a step brother who has no

1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Answered on Mar 14, 2019
Joseph Jaap's answer
Father in law should meet with an estate planning attorney to review all the facts of the situation. The attorney can discuss various options of how to accomplish what he wants to do. It could be as simple as executing an affidavit, but he should also have a will, a living will, and financial and health care powers of attorney. Use the Find a Lawyer tab to find a local estate planning attorney to meet with him.

Q: Purchased property "As is" from development company. Now man that sold to them wants property he left

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Mar 13, 2019
Joseph Jaap's answer
You probably have no legal obligation to him if you had no knowledge of the ownership of the things he left behind. It is between him and the company to whom he sold the property. But if he files a lawsuit and names you as a defendant, then you should obtain an attorney to represent you.

Q: What about mowing our property even though we have asked him not to and how many strips beyond what he has taken

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio on
Answered on Mar 1, 2019
Joseph Jaap's answer
There is no rule about that. Coming over the boundary line is technically a trespass. Use the Find a Lawyer tab to retain a local real estate attorney who can review a survey and all the facts, and advise you with specifics.

Q: I have a question about property owners rights. We have a neighbor that has been mowing our property and asked not to

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio on
Answered on Mar 1, 2019
Joseph Jaap's answer
You could send them a letter giving them "permission" to keep it there, but advising you retain the right to have it removed at any time. Send the letter by certified mail with return receipt, to defend against any claim by them for "adverse possession." Or you could demand that they remove it, and if they don't, you could file a lawsuit for trespass. Use the Find a Lawyer tab to retain a local real estate attorney to review all the facts and advise you of these options.

Q: if my water is included in my rent and it has been turned off since 01/19/19 Do I have to pay rent from then till now

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Answered on Mar 1, 2019
Joseph Jaap's answer
Landlord would have to follow the normal eviction process and cannot legally throw you out. If landlord shows up and attempts that, call the police. But if you don't pay rent, landlord could start the eviction process, but that takes weeks. You can deposit your rent into escrow with the local court. Check the court web site for the escrow process. Use the Find a Lawyer tab to retain an attorney to communicate to landlord to advise legal action will be taken if water not turned on...

Q: My brother and I co own my parents' house. He wants to sign the house over to me. No mortgage. Do we need att.?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Feb 28, 2019
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local real estate attorney to prepare a simple deed and have it properly recorded. It would not cost much, and could avoid future problems that could happen if you try to do it without an attorney and don't do it properly.

Q: Do we have occupancy rights if there is no signed lease agreement? We have been occupants of facility for 18months.

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Feb 25, 2019
Joseph Jaap's answer
If a landlord does a lock-out on residential property, the tenant can sue for wrongful eviction. It is more complicated for commercial property. And if you invested $30K without anything in writing, it is even more complicated. Use the Find a Lawyer tab and retain a local real estate attorney to review all the facts and advise you of your options.

Q: I am breaking a lease, but paying the next few months until they get it rerented. Am I responsible for the utilities?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Feb 22, 2019
Joseph Jaap's answer
It depends on what your lease says, and what action your landlord takes. If they demand you pay it, and you don't, then they could sue you, which becomes a permanent court record that could make it difficult to rent from a landlord who checks. And they could make an adverse entry on your credit report, lowering your credit score, which a potential landlord can find. Try to work it out with landlord with the least damage to you.

Q: We are giving a house to somebody.does a deed transfer need to done by a lawyer ?

2 Answers | Asked in Real Estate Law for Ohio on
Answered on Feb 12, 2019
Joseph Jaap's answer
A lawyer is not required. But without having a lawyer to be sure everything is done properly, there could be problems that could be difficult or expensive, or both, to correct later. Preparation of a deed by an attorney, and a title examination to determine if there are any problems, is a prudent investment at a modest cost. Use the Find a Lawyer tab to retain a local attorney.

Q: 4 people jointly own a 40 acre parcel of farm land with house in Ohio. 3 of them want to sell, the 4th does not.

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Feb 11, 2019
Joseph Jaap's answer
The 3 can file a lawsuit called a "partition action" asking the court to order the property to be sold, and the sale proceeds to be split equally among the 4. The 3 can use the Find a Lawyer tab to retain a local real estate attorney to review the facts, and contact #4 to advise that the property will be sold by court order if #4 does not cooperate.

Q: Forge signature on property title

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Feb 1, 2019
Joseph Jaap's answer
You'll need an attorney to review the deed and all the circumstances, and then figure out what to do about it. It might require a court to determine. Use the Find a Lawyer tab to retain a local real estate attorney.

Q: If house mortgage under husband name ( but not paid off yet) in that case if spouse file for Devorce can she get 50%

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Jan 24, 2019
Joseph Jaap's answer
In a divorce, if the house is a marital asset, then the equity in the home, which is the fair market value of the home minus the mortgage balance, can be divided 50-50. It does not matter whether husband's or wife's name is on the deed or the mortgage. Use the Find a Lawyer tab to retain a local family law attorney to review all the facts about when the home was purchased, with whose money, who pays for what house expenses, the current mortgage balance, etc., and advise you about any division...

Q: Can my buyer realtor bring other clients into bid on a property that I had her bid on for me?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Jan 24, 2019
Joseph Jaap's answer
It depends on whether the realtor signed an agreement with you to be your exclusive buyer agent. Talk to the broker in the agent's office about it.

Q: How do we get escrow money back?New owner hasn't used for septic system,hasnt even inspected it.Sold home over year ago

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Jan 21, 2019
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local attorney to review the home sale contract and the escrow agreement and advise you of your options. You might have to sue the buyer and the escrow agent.

Q: My father died with will (no copy for me) I want the house in which I grew up in Ohio. Lineal descent cover this?

1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Answered on Jan 17, 2019
Joseph Jaap's answer
Ohio law specifies the order in which family members share in property when there is no will. But the deed to his house might have had joint ownership and survivorship, or transfer on death provisions. If so, then those would control, and the house would not be subject to probate, and would transfer according to those instructions, not Ohio law for descent and distribution. Consult a local attorney where he lived to review the deed and any other documents recorded for the house and advise...

Q: I found out after buying the selling realtor of my house was also the seller/flipper. Can I sue?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Jan 9, 2019
Joseph Jaap's answer
If there are problems with the home that were not fully disclosed by the seller, use the Find a Lawyer tab to retain a local attorney to review the purchase contract and disclosures, and advise you of any claims you have and how best to proceed.

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