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

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

Licensing Fee Increases and More in Pending Ohio Budget Bill


The Ohio legislature is considering changes to Ohio real estate license law as part of its 2019-2020 budget. Some of the changes involve fee increases and fingerprinting requirements and clarification on real estate transactions for medical marijuana permitted activities. Some of the proposed fee increases are as follows: New Fingerprinting Requirements If enacted, each person… Read more

U.S. Supreme Court Issues Ruling Regarding Property Rights          


Although not widely covered in the mainstream media, the U.S. Supreme Court has issued a ruling that overruled prior Supreme Court precedent that required a landowner to first exhaust property taking cases in state court before suing in federal court. The decision allows plaintiffs that believe a local government has taken their property, to sue… Read more

Appellate Court Limits Slander of Title Claim


Slander of title is a civil claim for damages resulting from the publishing of false information about real property, such that the property is disparaged, or its title is clouded. For example, at its simplest terms, if a person records an affidavit with the county recorder, specifying the person has a legal or equitable interest… Read more

Division Re-Introduces Team Advertising Rule


The Team Advertising Rule, which was inexplicably scrapped from the Division’s rule package enacted earlier this year, has been re-introduced. The rule addresses how teams may advertise and for the first time contains restrictions on what may and may not be included in a team’s name. Until now, the Division has not sought to regulate… Read more

Are Homeowners Required to a Join HOA? Or Pay Assessments?


Generally, Homeowner’s Associations or HOAs collect dues from members to maintain and improve its members’ properties. Whether an owner is a member of the HOA depends on whether their property is included in the governing document (or Declaration) for the HOA Community and whether the owner’s deed references as an exception to ownership for “zoning… Read more

Changes to Fair Housing Law Proposed in Ohio Fairness Act


Earlier this year, State Senator Nickie Antonio introduced the Ohio Fairness Act. Among other things, the Act proposes changes to Ohio’s Civil Rights Law by adding sexual orientation and gender identity to the list of persons protected under Ohio’s housing, employment, and public accommodation protections. Current law requires every real estate broker’s office to prominently… Read more

Reviewing Your Residential Lease Agreement


Lease agreements are like any other form contract document. They get used daily but are rarely read. Agents may not realize the lease agreement being utilized in their practice may not afford the best protection for their landlord or tenant clients. Here are a few considerations when evaluating whether your form lease agreement needs an… Read more

Division of Real Estate: Answer Ethics Questions Correctly, Honestly


The Division of Real Estate has highlighted the need for real estate licensee to answer ethical conduct and legal history questions on licensure, renewal, and transfer applications correctly and honestly. Failure to do so could result in an investigation into whether you have procured a license by fraud, misrepresentation or deceit. The ethical conduct and… Read more

Electronic Transactions, Signatures, and Records


Technology continues to alter the practice of real estate. Letters and phone calls give way to emails and text messages. Professionals use online tools and programs to facilitate review and signatures on transactional documents. Understanding the parameters for conducting transactions electronically will help avoid risks to your clients or your practice. The Uniform Electronic Transactions… Read more

Establishing Your New Brokerage


Obtaining a broker’s license is an accomplishment in and of itself. Setting up your brokerage is the next logical step for real estate entrepreneurs. This business enterprise requires careful planning and preparation. There are many considerations beyond your brokerage name and location. Below are some items to consider when designing your brokerage business plan. The… Read more

Ohio Supreme Court Declines to Hear Hybrid Commissions Case


  The Ohio Supreme Court had declined jurisdiction to hear Smythe Cramer’s appeal from trial and appellate court opinions certifying a class action lawsuit against it for fraud and unjust enrichment. The underlying lawsuit stems from a case filed in 2012, wherein the plaintiffs allege that Smythe Cramer’s practice of collecting a $225 administrative or… Read more

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