Ohio Real Estate Law Questions & Answers

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.

Q: If a Mortgagor gives a Mortgagee a quit deed for a property does that void and release the property from the mortgage?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Jan 4, 2019
Vincent Gallo's answer
Maybe, maybe not. Mortgage is often times contain non-merger clauses.

Q: If all of the properties are in an LLC can rental properties be managed by an employee of the LLC?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Jan 2, 2019
Joseph Jaap's answer
The LLC, as owner of rental properties, can authorize the properties to be managed as permitted by the Operating Agreement of the LLC, and can designate employees of the LLC or another company to manage the properties. Use the Find a Lawyer tab to retain a local business law attorney to advise the LLC on proper actions and records to be maintained.

Q: Can the property manager force you to stay to the last day of a lease?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Answered on Dec 12, 2018
Joseph Jaap's answer
If the lease says they can charge penalties, then they can. Review your lease. If they withhold money from your security deposit because you leave before the end of the month, and you dispute it, you can sue landlord in small claims court to recover the amount withheld, and the court will decide if charging you the penalty was correct, based on what the lease says. Use the Find a Lawyer tab to retain a local real estate attorney to review your lease and advise you.

Q: Once we gave notice of intent to leave, they now want to enforce a clause in the lease, can they do this?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Dec 12, 2018
Joseph Jaap's answer
There isn't much you can do to prevent landlord from towing, other than threatening to sue if they do. If they have the car towed, you will have to pay the tow company to get it back. You could then sue the landlord in small claims court for wrongful towing, and the court will decide if the landlord or you violated the lease. Try to work it out, or find another place to park a vehicle to avoid towing.

Q: There is a discrepency on our lease agreement.

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Dec 11, 2018
Joseph Jaap's answer
A court might have to decide that, depending on how it interprets the somewhat ambiguous language in the lease. If you don't pay, landlord could sue you or deduct from your security deposit. Even if landlord does not sue, landlord could make an adverse entry on your credit record, lowering your credit score and making it more difficult to rent from a landlord who checks.

Q: I recently sold my home. On the disclosure, I stated the septic would back up during very wet weather,

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Dec 6, 2018
Joseph Jaap's answer
You disclosed it. It was up to them to inspect. But anyone can sue, so they could do that, or threaten that. If they do, use the Find a Lawyer tab and retain a local real estate attorney.

Q: If a city plans to expand a street and wants to demolish my store as a result of the expansion, is there any way I can

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Dec 5, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local real estate litigation attorney. The city can take property through eminent domain, but has to pay a fair price. It must follow the proper legal process, to do that, so you can object, but you might not be able to stop the city.

Q: how would we go about buying a foot of property from the neighbor if our house was built a foot on their property

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio on
Answered on Nov 15, 2018
Joseph Jaap's answer
To resolve that encroachment, you will need to retain an attorney to assist you, and the neighbor would have to cooperate. You also will need a boundary survey, and there could be issues with zoning setbacks. Building a house over a property boundary is very rare. Many things had to go wrong to allow that to happen. Use the Find a Lawyer tab to retain a local real estate attorney to assist you.

Q: tenant moved everything but couch and bags of ?. she did not cancel utilities or leave keys. can i take possession?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Answered on Nov 14, 2018
Joseph Jaap's answer
If a landlord changes locks, takes possession, and disposes of personal property without a eviction, there is a risk tenant could sue. To be safe, a landlord should pursue a proper eviction, and move out the property after the eviction order is issued.

Q: Does a landlord in the state of Ohio have to disclose prior criminal activity to prospective tenants?

1 Answer | Asked in Criminal Law and Real Estate Law for Ohio on
Answered on Nov 5, 2018
Matthew Williams' answer
I am aware of no law that requires a landlord to inform you that the former tenant was a crook, no.

Q: Can I be sued if I have not signed a lease, and have decided to go elsewhere?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Nov 5, 2018
Joseph Jaap's answer
An exchange of emails could establish a valid contract, but a court would have to decide a legally enforceable agreement exists based on the contents of those emails. Use the Find a Lawyer tab to retain a local attorney if the landlord persists.

Q: Easement granted but not recorded prior to sale, can it still be recorded?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Nov 1, 2018
Joseph Jaap's answer
It can be recorded, but the new owner could claim no knowledge of it, and since the new owner's deed is already recorded, the new owner could challenge the easement and refuse to allow it. You could ask the new owner to sign a new easement, but new owner doesn't have to sign it. Use the Find a Lawyer tab to retain a local real estate attorney to review the easement, all the facts, and advise you.

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