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Ohio Real Estate Law Questions & Answers

1 Answer | Asked in Real Estate Law for Ohio on

Q: Dealing with Capital Gains on a house less than 2 years living in

Husband and I are separating. We have lived in our house less than 2 years so we are worried about owing taxes on capital gains. Our prior home was only in my name so it was only filed on my taxes when we sold it right after we moved to this house. Could we transfer the deed to my husband and he... Read more »

Joseph Jaap answered on Jul 18, 2019

It is not prudent to seek tax advice on line. Contact a local tax accountant to discuss the tax issues, and use the Find a Lawyer tab to retain a local family law attorney who can review your situation and advise regarding how best to transfer property and divide marital assets.

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on

Q: I'm married and we are buying our first home in Summit county, Ohio...

I have 7k premarital debt from an unpaid medical bill that's been transferred to the attorney general's office. They try to offset my husband's state taxes every year but can't because it's premarital debt.

Only his name is on the mortgage.

Can I be put on the deed or will the... Read more »

Joseph Jaap answered on Jul 15, 2019

Your name can be put on the deed as an owner, but then the state can put a lien on your interest in the home. Use the Find a Lawyer tab to consult a local estate planning attorney who can review the financial situation of you and your spouse. The attorney can then assist with preparing wills,... Read more »

1 Answer | Asked in Real Estate Law for Ohio on

Q: Is wholesaling real estate legal in Ohio?

Taylor P Waters answered on Jul 10, 2019

Yes and no, it depends on the actions of the person and whether they violate ORC 4735, and how they hold themselves out.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Ohio on

Q: does a tenant have a legal right to argue a land contract that was not recorded in Ohio? tenant wants an extension

land contract in ohio, not recorded, owners want to evict and tenants want an extension based off of land contract was not recorded

Taylor P Waters answered on Jul 9, 2019

No. In Ohio, the Seller must record the land contract within 20 days after the sale. If the Seller does not record, the Buyer should to protect her interest. The Buyer can go record the land contract now, should she choose. Under most land contracts, if the Buyer fails to comply with other terms,... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on

Q: We just purchased real estate. Found out previous owner shot his dog then himself, on the property.

Does that information have to be disclosed to us before purchase?

Taylor P Waters answered on Jul 8, 2019

Sort of. Ohio does not have a "stigmatized property" law wherein the seller is forced to disclose a death. Suicide is not a "latent defect" but might be considered a material fact which would affect your ability to live in the home or ease of sale later. The real estate broker or agent in Ohio does... Read more »

1 Answer | Asked in Real Estate Law for Ohio on

Q: when did seller have yo disclose flooding basements

Bruce Martin Broyles answered on Jul 5, 2019

A seller has to disclose on the Ohio Seller's disclosure form when the seller has actual knowledge of the issue. If the Seller has never lived in the house, the Seller may not have actual knowledge about a number of issues. If the Seller lived in the house for a number of years, it may be easier... Read more »

2 Answers | Asked in Contracts, Small Claims, Real Estate Law and Landlord - Tenant for Ohio on

Q: Hi! I had a roommate drop out of school and leave the college house. He pays rent but refuses to pay for utilities.

The utilities were not included with rent. But under the utilities segment on our lease it shows that the person who is signing agrees to pay for them. Is he obligated to pay?

Joseph Jaap answered on Jul 3, 2019

If he refuses to pay, you could sue him in small claims court. But even if you win, that merely gives you a judgment. Then you have to try to collect on the judgment by going to court again. The court filing fees for all that probably exceed what he owes.

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1 Answer | Asked in Consumer Law and Real Estate Law for Ohio on

Q: Paid for trailer, we have title in our hands. Previous owner won't give keys yet and keeps changing date. Ignoring us.

On phone owner said July first. Leading up to June 2nd she kept saying June 17th. On June 2nd we handed her cash at the BMV, and we immediately got the title in our name and we have the title in our hands. June 17th she had an issue on her new home and their closing date for her new home. ... Read more »

Taylor P Waters answered on Jul 2, 2019

If she does not vacate you may end up having to file an eviction suit.

2 Answers | Asked in Real Estate Law for Ohio on

Q: As a seller, can I back out of a contract because the close date went longer than what was noted in the contract?

Contract read that close would be on or before 6/28. Closing was set for 7/1. Having sellers remorse and looking for an out that can’t be legally challenged.

Joseph Jaap answered on Jun 27, 2019

Any "out" can be legally challenged. If the buyer demands to close the sale, and seller refuses, buyer can sue. That would tie up the property and prevent a sale until resolved. Communicate with buyer to resolve it, terminate the contract, or use the Find a Lawyer tab to retain a local real... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on

Q: I paid a security deposit for an apartment. I have not yet signed a lease. Can I get my deposit back if I don't move in?

Basically I'm wanting to know if I'm able to get my deposit back? I'm not able to move in now b/c of issues with the school district and my son's medical issues.

Bruce Martin Broyles answered on Jun 26, 2019

Yes. You should be able to get your deposit back. You did not sign the lease so it is not enforceable. A verbal lease agreement should only be enforceable once possession is taken. Did you sign anything when you paid the deposit. Was the deposit to act as a hold. Th e landlord will likely... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on

Q: Can you evict someone that is not on a lease but has crash on and off at residence for 30 days

There are two people on the lease the other one is saying that I formally have to evict him because he's lived there for 30 days on and off does not have mail delivered there his ID does not show him living there at this point both tenants just want him to leave I need to know if I can give a 7 day... Read more »

Bruce Martin Broyles answered on Jun 26, 2019

You could treat the individual as having a non-oral lease on a week to week basis, and that can be terminated by giving a written notice 7 days before the termination date. If he is there after the termination date, you then have to give him a three day notice, file an eviction complaint, and... Read more »

2 Answers | Asked in Real Estate Law for Ohio on

Q: Hello my home only list my husbands name in the event something happens to him do I automatically own it?

we are legally married and didn't really think anything about it until my daughter who works at a bank said I don't own it if I am not on the deed?

Joseph Jaap answered on Jun 25, 2019

If only your husband's name is on the deed, and there is no survivorship provision, then the house would have to be transferred through the probate court according to his will, or according to Ohio law if there is no will. So someone would have to file to open his estate. If he has no will, then,... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on

Q: The house next door to us was purchased 7 years ago but the homeowners never moved in. The home has been neglected.

No utilities were ever turned on so the basement sump pump never worked therefore flooding the basement multiple times, 3-6 feet of water. Now the home is for sale. My question is: we've heard there is some sort of "nuisance" law where a buyer/home flipper can't just fix it up and sell it (to... Read more »

Joseph Jaap answered on Jun 19, 2019

That depends on local ordinances. Check with your local building and zoning department. If the home has become a nuisance in its present state, report that.

3 Answers | Asked in Real Estate Law for Ohio on

Q: How long do I have to pursue seller for misrepresentation and fraud on property disclosure form ?

Seller 3/17 did not disclose any defects

Termite active infestation and buyers perceived significant steps to hide damage resulting in $40k+ repairs and treatment

Joseph Jaap answered on Jun 18, 2019

Four years for fraud. See this link: http://codes.ohio.gov/orc/2305

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on

Q: I was told DPL had to be put I’n my name so I did I have been in place for 8 months and always thought my bill so way

To high found out this month when bill came $930 for one month that I have been paying for the entire unit 3 apartments (2rented out) and an active business in the large garage that sits behind unit (mechanics garage). What steps should I take to get my money back DP&L says there is nothing they... Read more »

Joseph Jaap answered on Jun 18, 2019

You'll have to resolve this with landlord if there is only one electric meter for the entire property and all the tenants. Landlord should be requiring each tenant to pay its fair share of the electric, or put in additional meters. Check with the local building department if it is a violation for... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on

Q: Can the city force me to put a water bill in my name and threaten to turn my water off and kick me out?

My dad died in 97. Mom kept everything in his name and died in 2013. She intended the house to go to me but died. No will. I've been paying the bills and have lived here all my life. Now the water company suddenly says either I get the house in my name and the water bill as well or they will shut... Read more »

Joseph Jaap answered on Jun 14, 2019

The city ordinances might allow the city to shut off the water and order you out. You do not have legal title to the house, and are not a tenant under a lease, so you have no legal right to live there, so the city cannot transfer the bill to your name. There will have to be probate court filings... Read more »

1 Answer | Asked in Real Estate Law for Ohio on

Q: My mother died in Ohio but owns property in Tennessee, she has no will, how would I go about getting property transfer ?

Joseph Jaap answered on Jun 14, 2019

You will have to open a probate case in OH where she lived, and an ancillary probate case in TN where the property is located. Use the Find a Lawyer tab to retain a local OH probate attorney.

2 Answers | Asked in Real Estate Law for Ohio on

Q: I have a rental house in Elmore, OH that the renter has left, but all of her belongings are still there, what can I

The renter left the house on April 15th, as she ran up an electric/water bill so high that the village turned off both that day. Both the water and electric are still off today, so it is uninhabitable. She has not lived in the house since April 15th, nor has she paid rent since then. I have asked... Read more »

Joseph Jaap answered on Jun 10, 2019

File an eviction, the hearing will be a couple weeks later, and when the court grants the eviction, move all her stuff out to the street. Use the Find a Lawyer tab to retain a local attorney to assist you.

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1 Answer | Asked in Real Estate Law for Ohio on

Q: my brother hired title company to handle the sale of my dad's property which I am purchasing I didn't agree with it.

I didn't agree with the title company I signed the purchase agreement which said that I was responsible on Paying the tile work.

Joseph Jaap answered on Jun 10, 2019

If you signed a contract, then that is a legal obligation. If you don't pay, then the title company could refuse to prepare closing documents.

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