Home » Articles posted by Kristin Rosan, Madison & Rosan, LLP | Hondros College Contributor

Posts By: Kristin Rosan, Madison & Rosan, LLP | Hondros College Contributor

Ohio Real Estate Market Included in Class Action Lawsuit


A group of home sellers has filed a federal class-action lawsuit against the National Association of Realtors (NAR) and some of the nation’s largest brokerage firms, alleging antitrust violations. The brokerage firms named include Realogy (franchisor of Better Homes Real Estate, Century 21, Coldwell Banker, ERA Real Estate and Sotheby’s brands), Home Services of America… Read more

Appellate Court Rules on Legality of Commission Rebates


Last month the 10th District Court of Appeals in Franklin County issued a ruling denying a commission rebate because the recipient, a principal in the transaction, was not a licensed real estate broker. The decision is a departure from the current practice of agents occasionally rebating commissions to principals in a transaction, provided the rebate… Read more

Wholesaling Real Estate – Is it Legal?


We’ve all seen the signs, “We Buy Houses.” Chances are the buyers are really investors seeking to wholesale property. Real Estate Wholesalers enter into a purchase agreement with a seller and then try to find an end buyer for the seller’s property. These investors are called Wholesalers because at any point in time they have… Read more

Division of Real Estate Issues Home Inspector Program Update


The Division of Real Estate has issued an update on the implementation of the new Ohio Home Inspector Program, which was signed in to law on January 4, 2019. The law mandates licensure of any provider of home inspection services. The law becomes effective on April 5, 2019, but is not operational until the Governor… Read more

Division of Real Estate Adopts New Administrative Rules


The Division of Real Estate has adopted a series of rule changes that went in to effect February 10, 2019. The rules address implementation of HB 532, which among other things established Principal Brokers, Associate Brokers, and Management Level Brokers & Salespersons. The rules also provide a series of other changes affecting advertising, continuing education,… Read more

Understanding Land Banks


Another consequence of the mortgage loan crisis was the incursion of vacant, abandoned and unsafe properties. These blighted properties adversely impact communities and neighborhoods. The property values of nearby properties are negatively impacted, as a result of overrun yards, trash accumulation, vandalism, squatters, and crime. Blighted properties are also associated with health concerns, such as… Read more

Immigration and The Fair Housing Act


The national dialog about immigration raises questions on whether landlords may inquire about a prospective tenant’s status during the application process. HUD has issued guidance through its “Did You Know That” campaign that housing discrimination against immigrants or because of a person’s national origin is illegal. The fair housing law protects everyone in the U.S.,… Read more

Is Your Cyber-House Secure?


With the new year comes renewed concern on whether businesses are prepared to combat cyber threats from both national and international operatives. The FBI has identified the business email compromise as a sophisticated scam that is growing and targeting small, medium, and even large businesses. It reports between December 2016 and May 2018, there was… Read more

Why You Should Accommodate Assistant Animals


In 2018, the U.S. Department of Housing and Urban Development (“HUD”) saw increasing numbers of complaints regarding refusals to provide reasonable accommodation for assistant animals. The Fair Housing Act requires housing providers to make reasonable accommodations when a person with a disability requires such accommodation. The reasonable accommodation provision applies when persons with disabilities seek… Read more

Understanding Ohio’s New Foreclosure Procedures


Gone are the days of bidding on a foreclosed property at a Sheriff sale on the courthouse steps. Ohio’s foreclosure procedures have been updated to comply with changes in the foreclosure law. The biggest change is any residential property that is ordered sold from a residential mortgage loan foreclosure, must be held online. Ohio has… Read more

Exercise Caution When Communicating with Appraisers


The situation is not unfamiliar. You represent a buyer that is in contract to purchase a home. Your client’s financing is contingent on the property appraising at or above the agreed upon purchase price. As your client moves through the steps necessary to close the transaction, you learn from your client’s lender that the property… Read more

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