Lawyers, Answer Questions  & Get Points Log In
Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Ohio on
Q: do I have to have a survey done to buy partial of a property through a private sale?

I have a family member who owns 2acres and he’s selling me 0.7ish acres which is grass and some trees. To purchase that through a private sale, do I have to have a survey done on the property before purchasing or can I purchase legally without a survey?

Todd B. Kotler
Todd B. Kotler
answered on Feb 1, 2024

Any new lot split must typically be surveyed by a professional land surveyor. You also want to check the requirements in your county and township or city for subdivision requirements, and zoning ordinances. For example, often political subdivisions have a requirement for a certain amount of... View More

2 Answers | Asked in Real Estate Law and Constitutional Law for Ohio on
Q: Do I have any recourse against a developer that sold me a building lot with poor soil conditions?

I purchased a building lot in a new subdivision in the City of Akron (Ohio). After the contractor dug the basement, we discovered the soil was not suitable to support the foundation. The remedy is to dig an additional 7 feet below the footer and fill the area with a mix of grave and concrete which... View More

Joseph Jaap
Joseph Jaap
answered on Jan 22, 2024

You would have to sue the developer asking the court for damages or to rescind the contract to get your money back. If you file a lawsuit, the developer might negotiate a settlement to avoid the cost of litigation or possible bad publicity.

Use the Find a Lawyer tab to retain a local...
View More

View More Answers

2 Answers | Asked in Real Estate Law and Constitutional Law for Ohio on
Q: Do I have any recourse against a developer that sold me a building lot with poor soil conditions?

I purchased a building lot in a new subdivision in the City of Akron (Ohio). After the contractor dug the basement, we discovered the soil was not suitable to support the foundation. The remedy is to dig an additional 7 feet below the footer and fill the area with a mix of grave and concrete which... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024

In your situation, the key factor is the clause in the contract regarding soil testing. Since the seller included a disclaimer about not making any representations about the soil's suitability and offered to make soil testing reports available upon request, this suggests they fulfilled their... View More

View More Answers

2 Answers | Asked in Real Estate Law and Bankruptcy for Ohio on
Q: Can I get an encumbrances removed from the title of my property if the person the encumbrance name is in filed bankruptc

I acquired a property through probate and didn't know the title had an encumbrance attached to it in my sisters name. She filed chapter 7 bankruptcy and got the bill charged off from herself but it's still attached to my property title. Is there a way to get that removed from my title... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

If your sister's debt was discharged through Chapter 7 bankruptcy, it means that she is no longer personally liable for that debt, but it doesn't automatically remove the encumbrance from the title of your property. The encumbrance, such as a lien or mortgage, is typically attached to the... View More

View More Answers

2 Answers | Asked in Real Estate Law for Ohio on
Q: When a church sells its building that’s in the church’s name. Doesn’t the monies stay with the church?

The church has a new pastor, the building sold. Does that money remain with the church because the church is still in existence. It just has a new pastor. The building is deeded in the name of the church, not a person.

Joseph Jaap
Joseph Jaap
answered on Dec 19, 2023

A church is typically organized as a non-profit corporation with the state, and all assets are required to be used for non-profit purposes. If the church corporation sells its assets, the money must be used only for non-profit purposes. Operations of non-profit corporations are reviewed by the... View More

View More Answers

1 Answer | Asked in Real Estate Law and Small Claims for Ohio on
Q: I received a summons of HOA fees that I paid to our new Management company. The old management company is suing me

We received a letter stating that we would be switching from Barnett Management to Continental Management. We paid Continental and I called Barnett to confirm the change. I was blindsided by the summons and didn't realize I owed anything to Barnett as I was told to pay Continental. I never... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Nov 15, 2023

You have a defense of payment (Accord and Satisfaction). The HOA will assert that you were late in payment and never paid until the law firm was engaged and you received the complaint. The ability to demonstrate the timing of your payment will be critical to your defense.

I believe that...
View More

1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Are we going to lose the house?

My great grandfather passed away over 10 years ago without a will. Assuming the next of kin would get the property my grandmother never did anything with the deed. She never put the house in her name or anything and has been staying there ever since. The property tax has been “exempt” because... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 15, 2023

Please get a hold of a real estate litigator in your town. It sounds like you need more advice than this forum can provide. Your question does not contain facts that are crucial to analyzing this issue. Has there been an action filed against the property owners? How was the property titled?... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: In Ohio after I sign a contract to buy a home and escrow has started is there a window of time where I can pull out?

I signed a contract to buy a home in Ohio contingent on my parent putting down money for the down payment. Somehow the bank started escrow without receiving any money, and my parent has pulled out. I don’t have a loan that will cover the cost of the house and can no longer buy it without my... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 18, 2023

Check the verbiage in your purchase agreement. Specifically, see if there is a contingency on affordable or your ability to obtain financing. You didn't mention this in your question, but what is the $5k number for? My guess would be that it is earnest money; some purchase agreements will... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: The village trustee has not turned in check stubs to my loan officer it has been 3 weeks and I can't close on the loan
Todd B. Kotler
Todd B. Kotler
answered on Oct 11, 2023

Write the Trustee and explain exactly how you will be damaged (lay it out in dollars and cents) by the failure to execute their duty. This will at least put them on notice. You may still have sovereign immunity problems to getting to a verdict in your favor but it may be enough to light a fire... View More

2 Answers | Asked in Business Law and Real Estate Law for Ohio on
Q: Who to file a lien against, the service location or the business that hired us?

I am in Ohio. My company performed a service at a business location. The company that hired us is an entirely different company, a contractor for the business location. The company that hired us refuses to pay us. We are going to file a lien, but need to know if we can file the lien on the... View More

Joseph Jaap
Joseph Jaap
answered on Sep 8, 2023

The mechanic's lien must be recorded in the county recorder's office against the real estate on which the work was done using the proper legal description. There are very specific requirements and time limits to file a valid lien. Use the Find a Lawyer tab to retain a local real estate... View More

View More Answers

2 Answers | Asked in Business Law and Real Estate Law for Ohio on
Q: Who to file a lien against, the service location or the business that hired us?

I am in Ohio. My company performed a service at a business location. The company that hired us is an entirely different company, a contractor for the business location. The company that hired us refuses to pay us. We are going to file a lien, but need to know if we can file the lien on the... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Sep 30, 2023

You must file a mechanic's lien against the property that had the benefit of the work performed. An attorney in your county can assist you with this, as different counties will have different local preferences for the forms generally required. I'm concurring with Attorney Jaap's... View More

View More Answers

1 Answer | Asked in Real Estate Law for Ohio on
Q: if you have a home owner policy on a house you sold 2 years ago, and now the new owner is trying to sue you for damage

they are saying there is moister damage that was there before they bought the house, we were not aware of this and the home inspector did not see it either. if i still have the home owner policy and it is active will the insurance company have to pay. i

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2023

An Ohio attorney could advise best, but your question remains open for a week. I believe the carrier could defend such a claim instead of accepting it - elements of notice, change of ownership, time elapsed, etc. But another attorney could see things differently. If you were represented by an... View More

2 Answers | Asked in Real Estate Law for Ohio on
Q: if i sold a house 2 years ago and they have been trying to sue me for what they said is moister under the house and we

i sold a house 8-2-21 and she came back with a law suit again me for moist under the house and we did not know about and nor did her inpector she hired see it. I have an active home owner policy on this house, that i did not know was still active. how do i turn this into the insurance company to... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Sep 30, 2023

More information is needed here, but if you ever knew or had reason to know about the moisture under the home or moisture damage, and did not disclose that on your residential disclosure form prior to sale, you can be liable. Generally speaking, property sales are "as-is," often referred... View More

View More Answers

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: I recently won a bid on a sheriff sale in Lake County Ohio. I am following all of the information on the clerk of courts

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?

Kelly A Rochotte
Kelly A Rochotte
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

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: I closed on a duplex property on 7/31an haven’t received the tenants security deposit from previous owner what can I do
John Michael Frick
John Michael Frick
answered on Aug 18, 2023

Typically, your agreement with the Seller should specify how much you should receive and when. Since it is only a duplex--as opposed to a large apartment complex--it is not uncommon for the amount of the security deposit to just be mathematically eliminated at the time of closing. For example, if... View More

2 Answers | Asked in Real Estate Law for Ohio on
Q: Hello me and my wife sold a mobile home to a guy under the condition it had to be moved so we could put our house on

The property it has been 3 months and we have located several movers for him and he has yet to get it moved what can we do?

Also the title is only notarized to him he still hasn't put it in his name

Todd B. Kotler
Todd B. Kotler
answered on Aug 17, 2023

I personally would need more information to answer this question. Did the buyer and seller have a written purchase agreement. Was there a time limit within which the buyer must move? Did the agreement set out remides for the buyer and seller in the event one failed to meet a condition... View More

View More Answers

2 Answers | Asked in Real Estate Law for Ohio on
Q: Hello me and my wife sold a mobile home to a guy under the condition it had to be moved so we could put our house on

The property it has been 3 months and we have located several movers for him and he has yet to get it moved what can we do?

Also the title is only notarized to him he still hasn't put it in his name

Joseph Jaap
Joseph Jaap
answered on Aug 17, 2023

To get it removed, you will have to file an eviction. But it isn't a normal eviction where you just put the belongings out on the street. Use the Find a Lawyer tab to retain a local real estate attorney to review the situation and advise you.

View More Answers

2 Answers | Asked in Real Estate Law for Ohio on
Q: Can I make the previous owner of my house pay for undisclosed moisture issues in crawlspace?

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

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 16, 2023

The purchase agreement may have a provision which states that the house is purchased "as is" if an inspection is not conducted.

However, if a seller conceals items, then the lack of an inspection would not result in an "as is" purchase. A seller cannot conceal a...
View More

View More Answers

2 Answers | Asked in Real Estate Law for Ohio on
Q: Can I make the previous owner of my house pay for undisclosed moisture issues in crawlspace?

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

Todd B. Kotler
Todd B. Kotler
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

View More Answers

1 Answer | Asked in Real Estate Law for Ohio on
Q: What happens if my Land Contract sellers get divorced?

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?

Joseph Jaap
Joseph Jaap
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

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.