A first-time homebuyer is a buyer that has not owned a property in the last three years. With the tightening of lending requirements after the mortgage crisis and increasing costs of housing, many first-time homebuyers have trouble saving for a down payment on a home. The legislation is currently pending in Ohio that would create… Read more
Consider this: in advance of closing, the title commitment reveals the existence of an oil or gas lease clouding title. Now what? The lessee is no longer in business or cannot be found and your client is unsure how to proceed. Your next step is to direct them to legal counsel because, under certain circumstances,… Read more
As real estate agents continue to evolve in how they represent clients and how they are compensated, the types of agency relationships and agreements remain unchanged. Understanding the duties and obligations that come with each type of agency relationship is important when evaluating how your practice will advance in an ever-changing real estate landscape. Three… Read more
The U.S. District Court, Northern District of Ohio, Eastern Division, has issued a ruling that resulted in the dismissal of a foreclosure case against a borrower. The decision effectively allows the borrower to retain the property despite defaulting on the underlying $125,000.00 note. At issue in the case was the lender’s ability to demonstrate the… Read more
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
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
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
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
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
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
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