Lawyers, Answer Questions  & Get Points Log In
Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Consumer Law and Contracts for Ohio on
Q: I sold a mobile home to a guy, He paid me cash for it. We agreed it had to be moved off the property it is sitting on

The buyer got a permit and hired a company to move it.

The company came and took the wrong trailer. They brought it back.

Then they called the buyer and told him that the trailer he bought was unsafe to move.

The trailer I sold to buyer is in better shape than the trailer... View More

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2022

He would have to sue you for breach of contract or on some other basis such as fraud, and the judge would determine if you have to return the money. If there is no written contract or anything else in writing to confirm what was agreed between you both, that would make the court case more... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: I have a mental health illness and I want to break my lease less than 24 hours of moving in. Am I able to do so?

I took the keys on Friday November 11th around 3:30 pm and by Saturday the 12th at 11:00 am I told the property manager I wanted out of my lease. I signed a 12 month lease, and the place gives me severe anxiety to be in the unit, I haven’t moved all my belongings in yet, and I have 2 cats... View More

Joseph Jaap
Joseph Jaap
answered on Nov 15, 2022

A tenant can try to negotiate a lease termination with the landlord, but the landlord doesn't have to agree. The tenant wouldn't have a good basis for termination, unless a court finds tenant was not mentally competent to sign a lease. A tenant is not required to move in, but if tenant... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: In Ohio, is a Property Owners Association allowed to revoke owners gate pass access for past due annual fees?

1. No notice given about late dues and or gate access being revoked. 2. There are two gates one is automatic which can only be opened by a gate access card or by a key fob whether you're entering or leaving as well. The other gate is chained and locked shut with no keys given to property... View More

Joseph Jaap
Joseph Jaap
answered on Nov 14, 2022

It is very unlikely that a judge would allow that. But you might need a judge to put that in writing. Use the Find a Lawyer tab to retain a local real estate attorney who can review the homeowner documents, contact the board on your behalf to demand access, and file in court if necessary.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I live in Ohio. My husband and I are both on the deed. He wants to allow someone to hunt and I don't. How does this work

Do both owners need to agree or just one? My husband says he is going to give the person written permission. Can I tell the person to leave?

Joseph Jaap
Joseph Jaap
answered on Oct 25, 2022

If you tell the person to leave, and they don't, the local police are not likely to do anything if your spouse says it is ok.

Each co-owner can use the property how they choose. If co-owners can't agree, then they can go to court, and a judge will decide. If unmarried co-owners...
View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: We sold a property. An addendum to the contract was for the buyers to pay us $20K cash. They refuse to pay.

What are our options? They bought the property as is and then remodeled. They say since they spent so much to remodel that they don't have to pay us.

Todd B. Kotler
Todd B. Kotler
answered on Feb 19, 2024

Your options depending on the purchase agreement are to either not get paid or sue for the amount due. I would recommend speaking to your realtor and if he or she cannot help you, invest in the time with an attorney in that county that regularly practices real estate litigation.

2 Answers | Asked in Real Estate Law, Collections, Health Care Law and Probate for Ohio on
Q: Hello. I'm wondering is there a statute of limitations for a property title lein in the state of Ohio?

I have a property i recieved through probate that my parents once owned. I had to settle their debts first (tax lein and medicaid lein). Probate closed over a year ago but now I an finding out I have "encumbrances" attached to the title of my property. One in particular is from a nursing... View More

Aaron Epling
Aaron Epling
answered on Jan 12, 2024

I've never heard of anybody getting out of paying the Medicaid claim by waiting for the statute of limitations to run.

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: What information has to be in a POA to allow real estate transfers? Does each property have to be individually listed?
Beverly A Stull
Beverly A Stull
answered on Dec 26, 2023

The POA does not have to list individual properties. It should say something similar to "to lease, rent, manage, contract to sell, sell, or convey real estate by deed or any instrument".

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Ohio on
Q: What type of lawyer is estate and tax ? A beneficiary of a grantor trust for page 41 1041 instructions explain W9

We do not get income Bank ignores

Grantor trust and w9 requestor instruction

The IRS will send you a notice if the payee's name and TIN on the information return you filed do not match the IRS's records. (See Taxpayer Identification Number (TIN) Matching, next.) If you... View More

Andrew Popp
Andrew Popp
answered on Dec 7, 2023

I'm not sure a question is posed here. A Tax/Estate Attorney specializes his or her practice on those areas of law. The Internal Revenue Code is obtuse at best, as can be the rules governing many Trusts. It sounds like you need to sit down with such an attorney to review the Trust and the... View More

View More Answers

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: My house is for sale to avoid foreclosure. Next court date is a non-oral hearing. Can I get an extension on the date?

My house is being listed for sale and I also have a private investor who is working on getting funds to pay-off my amount due. If my house is "under contract" or if the investor needs another 1-2 weeks to get the funds, on the date of my non-oral hearing, can I request that the non-oral... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2023

Yes, but the better thing to do would be to reach out to the bank to engage in loss mitigation. This would pause the foreclosure while they determined whether you are eligible for any loss mitigation options, including modification of the loan, and will give you time to either sell or refinance.

1 Answer | Asked in Real Estate Law for Ohio on
Q: If a nonprofit theatre company rents a space to perform, are they allowed to stop someone from seeing a performance?

Person wanted to be banned from viewing performances has no criminal records, nor any restraining orders against him.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023

Yes. So long as the ban is not based on a protected class, they are allowed to prohibit any person that they wish from the space.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Family estate inheritance. Selling estate, 6 siblings, 1 wants to sell with a solid offer, now. Other 5 want to wait?

I would like to sell now, and then other siblings want to wait. What can I do?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2023

Hire an OH attorney to file suit for a Partition Sale.

1 Answer | Asked in Family Law, Foreclosure, Real Estate Law and Probate for Ohio on
Q: Can I sue the co-owner of a property for refusing to sell now that the property has been reverted to beneficiary?

Family member passed away and we inherited a percentage of this property. Other family member who inherited percentage of the property was living in it and refused to move or sell the house when we had a buyer. The property was foreclosed on because they did not pay the mortgage. Property went to... View More

Aaron Epling
Aaron Epling
answered on Nov 1, 2023

You probably need to file a partition action to force the sale. Except, the mortgage company may beat you to forcing another sale. A partition action can take months (or years) before you reach the end. I recommend you find a real estate attorney to advise you what your rights are.

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Ohio on
Q: There is presently 2 Condo Board members for the last 3 years and condo association has had 3 failed Quarum's .

What happens next. Breach of Condo Covenants. Fiduciary Duties

Todd B. Kotler
Todd B. Kotler
answered on Oct 20, 2023

There is not enough information here to adequately answer. What fiduciary duty has been violated? Has money been misappropriated? Has there been some actual damages that the association or the homeowners have actually suffered? What remedies are presented in the association bylaws? What... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: How can I get out of a contract to sell my home and a POA that they attached to their contract?

I signed a contract with and llc to buy my house and at end of contract was a POA which is state Authorization to sign docs and offers! We didn’t close on 45 th day they made a new contract with a new buyer and have not given me a copy and told me it doesn’t have to do with me! I told the 45... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2023

The LLC is likely engaging in wholesaling. This is a legal, but ethically tricky, activity in selling a contract to another. It is unlikely that you can breach the contract without penalty.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: In Ohio Land Contract Law what would take precedence in a lawsuit. Would the Court follow the ORC or case law?
Todd B. Kotler
Todd B. Kotler
answered on Oct 16, 2023

Case law fills in the areas that are subject to interpretation within statutory law. Thus, the Court should follow both. This is why counsel is so important.

1 Answer | Asked in Real Estate Law for Ohio on
Q: My mother passed away and she had no will. My sister has closed accounts that were in her and my mom's. My sister is unf
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2023

If the sister was a signatory authority on the account card, then the money was already hers. Ask to look at the signature card.

1 Answer | Asked in Real Estate Law for Ohio on
Q: If I own land that is in an LLC with two people, me and the other person, can they sign the land over to themselves?

Could they do anything with the land without my signature? Such as transfer it to their own personal name or sell it without my knowledge? We both have 50% ownership in the LLC

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

This depends in part on the Operating Agreement of the LLC. Does one of the others act as a managing member? What are the powers vested in members to sell assets of the LLC? IS the approval of all needeed?

1 Answer | Asked in Real Estate Law for Ohio on
Q: Please call me. My mom died, I live with her and there's no will. My sister has power of attorney, but I was under unfai
Todd B. Kotler
Todd B. Kotler
answered on Sep 3, 2023

There isn't enough information in this question do truly answer it period if you are concerned is you should see how it is titled period also look to see if she swore out a transfer on death affidavit. If either of those are the case, you would be able to either file a certificate of... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: If you own land with a deed that states Sole Survivor, can I build on it? What is Michigan law state?

The land is owned by two of us. I want to build. Can I and what’s the process.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2023

You may want to ask this in the Michigan group. You posted in Ohio.

1 Answer | Asked in Real Estate Law for Ohio on
Q: We would like the portion of a right of way abutting our property vacated. Does the entire right of way need to be vacat

...vacated or can the half-width of our section be vacated only?

Todd B. Kotler
Todd B. Kotler
answered on Jun 27, 2023

I am not aware of partial right of way. Further, what compelling argument do you have for which a court would grant that relief to you, against the state or its geographic subdivision? You will need to allege something to overcome the presumption in favor of maintaining the status quo.

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.