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Ohio Real Estate Law Questions & 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...
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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

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Ohio on
Q: in Ohio, are HOA's allowed to charge finance charges? they are not a lender or creditor and yet i was charged $3.12

i was late one month and was charged a late fee of $25 which i understand is ok, but also a finance charge. there are no terms and conditions stating this charge and they are not a lender that i am borrowing money from. is this allowed and if so, why?

Joseph Jaap
Joseph Jaap
answered on Aug 7, 2023

If the full amount owed to the HOA, including finance charges, is not paid, then the HOA can record a lien and foreclose it if not paid. The judge would decide if the finance charge is allowable based on the HOA declaration and any actions taken by the HOA board of directors to implement finance... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Does a mortgage lien on property expire

Several years ago I was gifted property. Wanted to get home equity loan but found a Mortgage Lien from previous owners that hasn't been released. Recorded date was 04/19/2002. How do I find out if the mortgage has been paid and does a mortgage lien ever expire.

Todd B. Kotler
Todd B. Kotler
answered on Aug 6, 2023

Under Ohio law, a mortgage lien is a legal claim that a lender holds over a property as security for a debt. Typically, a mortgage lien does not have a set expiration date like other types of liens, such as mechanic's liens. Instead, a mortgage lien remains valid until the underlying debt (the... View More

2 Answers | Asked in Real Estate Law, Criminal Law and Personal Injury for Ohio on
Q: A branch from a tree in my backyard fell in my neighbors yard last night during a severe thunderstorm, tearing down her

Tearing down her electric lines. She came to me today demanding that I help her with the “expenses” of having it repaired and get the tree cut back away from her house. Am I responsible? I told her I thought that her first call should be to the electric company for repairs (I’ve never had... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 28, 2023

My guess is that your question is whether you are liable for the damages. Like most things in law, the answer is "it depends". Has your neighbor complained to you about the tree or the branches? In order to establish that you were unreasonable or breaching a duty of care to the... View More

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1 Answer | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: I am selling my house but the title office said they don’t have a record of my deed being notarized.

We did get it notarized and the tax bill also states we’re the owner

Joseph Jaap
Joseph Jaap
answered on Jul 24, 2023

That deed is defective, and you won't be able to close the sale until it is corrected. The seller who sold the house to you will have to sign a corrective deed, have it notarized, and recorded. If you can't find the seller, you could have to file a quiet title action in court, and that... View More

4 Answers | Asked in Criminal Law and Real Estate Law for Ohio on
Q: What do I do if someone forged my name on a deed, had it notarized illegally & signed my house over themselves?

My ex forged my name on my deed signing over my house to him. Had his notary friend notarize it without my permission or presence. Now he’s threatening to evict me and idk what to do after I file a police report. We were never married if that helps.

Todd B. Kotler
Todd B. Kotler
answered on Jul 18, 2023

I recommend that you record an affidavit of facts regarding the title of the home, then file a an action to quiet title, on the property and fraud against your ex and the notary, You can also report the forgery to the police, but you will still need to file the civil actions to remove the cloud... View More

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4 Answers | Asked in Criminal Law and Real Estate Law for Ohio on
Q: What do I do if someone forged my name on a deed, had it notarized illegally & signed my house over themselves?

My ex forged my name on my deed signing over my house to him. Had his notary friend notarize it without my permission or presence. Now he’s threatening to evict me and idk what to do after I file a police report. We were never married if that helps.

Anthony M. Avery
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answered on Jul 17, 2023

Ejectment, Quiet Title, Reformation of Deed are all causes of actions that need to be filed soon. A title search needs to be done first, then your lawyer needs to draft suit. When filed a Notice Lis Pendens needs to be issued then recorded. Suit against the Notary is a quick, easy claim on... View More

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4 Answers | Asked in Criminal Law and Real Estate Law for Ohio on
Q: What do I do if someone forged my name on a deed, had it notarized illegally & signed my house over themselves?

My ex forged my name on my deed signing over my house to him. Had his notary friend notarize it without my permission or presence. Now he’s threatening to evict me and idk what to do after I file a police report. We were never married if that helps.

T. Augustus Claus
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answered on Jul 17, 2023

If someone has forged your name on a deed and illegally transferred your property, it's important to act quickly. Gather evidence of the forgery and preserve all relevant documents and communication records. Notify the involved parties, express your objection to the transfer.

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Ohio on
Q: Is a lawyer allowed to give money out of the estate before the case is closed?
T. Augustus Claus
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answered on Jul 12, 2023

The distribution of assets from an estate typically occurs after all debts, taxes, and expenses have been paid, and any necessary court approvals have been obtained. This ensures that the estate's obligations are properly settled and that the beneficiaries receive their rightful share... View More

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1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: Is dower rights still a thing in ohio on 2023? Any way for spouse to waive all rights to everything their name is not on

From the start of the marriage so that neight have to deal with it?

Nicholas P. Weiss
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answered on Jun 23, 2023

Dower is still a thing, unfortunately. A prenuptial agreement waiving claims to certain property will, as a matter of law, eliminate dower. However, as a matter of practice, most banks will not fund a transaction if the spouse does not waive their dower interest as part of the sale on the deed... View More

2 Answers | Asked in Real Estate Law for Ohio on
Q: My father owns property with Et Al attached to it, but all others are deceased…isn’t he 100% owner?

Guy owns lots of land around it and offered to buy 31%(what he thought was my dad’s part), but shouldn’t it be 100% since all others have been deceased for years? Lot appraised at just under $10,000…he bought lot next to it for $14,000…if he owns 100%…I’m thinking my dad should get more... View More

Anthony M. Avery
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answered on Jun 22, 2023

You will need to hire an OH attorney to at least read the Deed, if not also search the Title. If no survivorship is involved in the exact Estate created, then the attorney will need to determine heirship. Possibly an Affidavit of Heirship will need to be executed and recorded. With a alot of... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: My father owns property with Et Al attached to it, but all others are deceased…isn’t he 100% owner?

Guy owns lots of land around it and offered to buy 31%(what he thought was my dad’s part), but shouldn’t it be 100% since all others have been deceased for years? Lot appraised at just under $10,000…he bought lot next to it for $14,000…if he owns 100%…I’m thinking my dad should get more... View More

Todd B. Kotler
Todd B. Kotler
answered on Jun 23, 2023

Yes he is, however if the property has not been probated or at least had certificates of transfers (along with the death certificates of the predeceased co- owners) filed, then no one in the general public can be aware of this change in ownership. This should be done to create a clean title to the... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Can I breach a seller contract if I am homeless?

I have signed a contract to sell the house I live in. We signed another contact to buy a house. The latter, the house we’re supposed to move into, has significant water damage and we no longer wish to purchase it. How can we keep our current house, so that we are not homeless?

Joseph Jaap
Joseph Jaap
answered on Jun 20, 2023

If you or your buyer have a real estate agent, talk to the agent to try to get it worked out. If you refuse to sell, that is a breach of the contract, and you must return the earnest money. The buyer might then sue you to enforce the sale and for any expenses they incur because you refused to... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Can I breach a seller contract if I am homeless?

I have signed a contract to sell the house I live in. We signed another contact to buy a house. The latter, the house we’re supposed to move into, has significant water damage and we no longer wish to purchase it. How can we keep our current house, so that we are not homeless?

Todd B. Kotler
Todd B. Kotler
answered on Jun 19, 2023

The answer to your question is found within the purchase agreement you made with your buyers. Of course you can breach. The question is what will breaching cost you versus other remedies you may have for relocating (buying another house or renting). You need to review what remedy the buyer is... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: my leach field is the neighbors yard(50+years) no problems but new neighbor is checking out the layout---he doesn't know

would my rights to my leach field be compromised

Joseph Jaap
Joseph Jaap
answered on Jun 8, 2023

There might or might not be an easement recorded in the county records for your leach field. If the new neighbor interfered with the leach field, you could end up in court to assert the right to keep using the leach field. Make friends with the new neighbor to avoid any problems, but also use the... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: In OH, can you keep property obtained in marriage fully separate, to do as you want with it without involvemen of spouse

In OH, can you keep property obtained in marriage fully separate (during the marriage, not just in case of divorce), sell and do as you want with it without involvement of spouse (nothing shady, just both agreeing to full independence, one in other country caring for family both needing to act... View More

Todd B. Kotler
Todd B. Kotler
answered on Jun 2, 2023

In Ohio you can now enter into postnuptial agreements to treat property separately. There are conditions, however. The full values of all property by both spouses must be fully disclosed and the spouse must both have the benefit of independent counsel. There still is the issue of dower as well... View More

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: Do I need a real estate lawyer when I'm forced to pay taxes that should have been prorated since my wife is totally disa

Disabled and just recently had a major heart attack 20 days ago then 4 days ago last week sometime

Todd B. Kotler
Todd B. Kotler
answered on May 21, 2023

You may wish to do so. In order to receive a disability you will likely need to file a DTE Form 105A

You may find Ohio Tax forms here

https://tax.ohio.gov/wps/portal/gov/tax/business/ohio-business-taxes/sales-and-use/information-releases/st200502

ANd bulletins specific to...
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1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Ohio on
Q: An LLC bought my duplex, after 1 years states they will fix issues after we leave. want to rent to their son instead?

LLC bought duplex , raises rent 200 then, when I ask for new lease I got a text that said, to difficult to fix issues while you live there so , 2 months notice to leave so the can fix apartment for the LLC son to move in? they have already moved their nephew in upstairs. I do not want to move. They... View More

Joseph Jaap
Joseph Jaap
answered on Apr 10, 2023

It makes no difference if landlord is an LLC. If you do not have a written lease for a specified lease term, then landlord can terminate your tenancy by giving 30 days written notice. Landlord is giving you 2 months. If you don't leave, then landlord can file an eviction, which is a... View More

1 Answer | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Ohio on
Q: Property lien purchased for 532.00.

A Lien was purchased for forgotten half a year of property taxes. Rookie mistake. Taxes are now current and will stay that way. The Lien expires in 3yrs. We don't plan on moving for 5+yrs. Have no mortgage and own home outright. Should I go ahead and pay lien in full? Can third party llc... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 8, 2023

Tax lien expires in 15 years. Interest rate negotiated on the tax certificate was probably 18%. In 15 years with interest the lien will be approximately $2100.00 and they will require you to pay Court costs and attorney fees to avoid the property going to Sheriff's Sale. It is not something... View More

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