Ohio Real Estate Legal Questions

In short, probably not.  You were not in privity of contract with the lawn service.  That being said, if the company performed work on your property, they are likely entitled to some compensation for services rendered.  Additional factors can change this analysis including things like an HOA etc.  For a definitive answer you will need to sit down with an attorney who practices in this area of law to perform an analysis of the circumstances.  Only then will you get an answer you can act on. Best of luck.    ... Read More

In short, you need to get an attorney involved.  You are arguing for a constructive eviction in essence.  An attorney can walk you through the process and assist.  If you are having difficulty in locating one, search for a community legal aid group in your geographic area.  They assist for little to no cost in most cases.   Best of luck.... Read More

They probably want to change many of the provisions of the lease.  Essentially, it sounds like they will be terminating the old month to month lease and if you want to keep renting you will need to sign a new lease.  For a definitive answer you will need to sit down with an attorney for a full consultation. Best of luck.... Read More

I'm sorry to give you the lawyer answer, but it depends.  There may be capital gains tax depending on when she got the property and if it was her primary residence.  There are usually miscellaneous closing costs, although the buyer may be paying some of those.  They include tax, appraisal fees, deed fees, recording fees etc.  The company that will be preparing the documents should provide you with an estimate before everything is completed.... Read More

From the facts provided it does not sound like you should be responsible.  The contract for sale of the house and contract with the propane company may change the analysis.  I recommend sitting down with an attorney to review your case in detail for a definitive answer. Best of luck.... Read More

It may depend on the terms of the sale.  Many real estate transactions are completed with the property "as-is."  That would mean the buyer is responsible.  You may get into arguments regarding whether the leak was a latent, or patent defect.  Basically, if the buyer can prove you knew about the leak and tried to hide it, there may be ways to have you pay for the repairs.  For a definitive answer, you will need to sit down with an attorney to review the facts in detail and advise you. Best of luck.... Read More

It's going to depend whether 1) you had an "as is" clause in your contract, 2) whether you had a home inspection as part of your purchase agreement and 3) whether the crack was something a home inspector could have found. If there was an "as is" clause, you cannot recover for simple non disclosure, there has to be actual fraud. If you had a home inspection, and they should have found it, then you can't recover. The only way you could recover is if you had a home inspection and the inspector COULDN'T have discovered it with an ordinary inspection.   The biggest issue, however, is whether the seller is collectible. If they don't have enough money to compensate you, then this is a moot issue.... Read More

It is usually the landlord's responsibility to repair the air conditioning. Check the terms of your lease on this. You do not have the ability to withhold rent. What you DO have the ability to do is deposit the rent with the court until the landlord has fixed the issue, or alternatively vacate the premises after giving them thirty days written notice.... Read More

I'm a little confused by the question. This was a property that you won? As in a game show? Do you mean that you purchased the property at auction? If this was purchased at a foreclosure auction then you absolutely purchased it in its as-is condition and that's the risk that you bear. ... Read More

Potentially. If you had a home inspection and moisture or mold was noted then you probably don't have any way to force the seller to do anything. If they claimed the mold problem was fixed, you had an inspection and it came up empty, and they KNEW that the problem wasn't fixed, then you may have a cause of action. Real estate law is very tiled in favor of home sellers as opposed to home buyers under Ohio's doctrine of caveat emptor ("buyer beware"). In most cases, only active fraud or concealment is enough to create something you can sue over.... Read More

Typically a creditor can't "claw back" spent funds and is limited to collecting whatever the debtor has once they've successfully sued them. The only exception to this is any kind of fraudulent transfer in which a debtor spends funds or transfers funds with the express intention of avoiding creditors. Unless you are spending it for the express purpose of avoiding it being garnished, you should be fine in spending the money however you feel like.... Read More

Unlikely. Because you broke up and then got back together again (as opposed to just breaking up and then later getting around to a divorce) the court will likely consider the the LLC to be marital property, including the house that's in it. You can certainly ask him to leave, and he may, but you don't have a strong legal argument to force him out. If you wanted to do that, you would need to file for divorce and move for an order for him to vacate the property so that you have exclusive use of the property.... Read More

This is a very unusual situation. You have a discharged note that is giving you no credit for making payments on it but have been doing that for ten years. I speculation (I know, we shouldn't do that) is that the note was reaffirmed at some point, otherwise you would have a cause of action against the bank for unjust enrichment for accepting payments on a voided note.    I would contact your servicer and see if you can get credit for your payments over the past ten years.They may be able to report these timely payments to teh three credit bureaus, which will substantially increase your score.   Failing that, if this truly is not showing up on your credit report, which I think has a low liklihood, then there is nothing stopping you from applying for an additional mortgage as the currrent note no longer exists.... Read More