Ohio Real Estate Legal Questions

You are entitled to purchase the property described in your contract.  If the seller is changing that, you have the right to refuse to go forward with the purchase.  If the contract calls upon the seller to perform repairs that he is trying to do himself and is doing poor work, again, you have the right to refuse to accept it.  If you have a real estate agent, tell him/her to inform the seller that you will refuse to consummate the purchase unless ....  If you do not have a real estate agent, you should tell the seller (in writing) the same. If you do call off the closing because of the changes -- in quality of the property and in terms of sale price -- you may run into problems getting your earnest money back.  Although, you would have a right to refuse to complete the purchase, the seller may wrongfully try to keep your earnest money.  Should that happen, you should consult a good real estate lawyer for advice.  ... Read More

Each state will have its own peculiar laws pertaining to the partitioning of land.  Here is what I think you are generally facing: If a court is asked to partition some land among 5 people, there must be enough land to make that task feasible.  If there is presumably a tract of land large enough to partition among 5 people, the judge will have no way to perform that task without proof.  What kind of proofs would be needed?  I think the only way to provide the proof is to hire an appraiser and a surveyor to work together to put together a plan (preferably several plans) on how the land can be divided equally among the 5 claimants.  Now, understand that the division is not made on the basis of giving each person the same number of acres.  The division is made by giving each claimant a parcel that is equal in value to the others.  If the plaintiff (the claimant who files the suit) does not come to court with the work of the surveyor and the appraiser already done, the judge will probably order that an appraiser and surveyor be hired by the court and he will charge one or both sides to pay the costs.  If the land cannot be feasibly partitioned, the court will ordinarily order the property sold and the net sale proceeds be divided among the claimants.  The sale will ordinarily be by public auction, and the clerk of the court (who normally will handle the sale) will take a commission off the top - usually 10%.  Some courts also allow the plaintiff's motion to allow his legal fees to be taken off the top also ---- thus causing all parties to share in the cost of the litigation.  This is because the sale is really an accommodation to all of them.  No one can use the jointly owned realty, but they all can use the funds that they receive from a sale.  Bottom line -- see a good real estate attorney in your area.  It will be worth a modest conference fee to have him explain your state's procedures and how best to proceed.  He could probably give you some insight on whether the property can likely be partitioned or whether a sale would be the likely result.    ... Read More

Yes, you need a lawyer.  It is very high risk to purchase real estate (or anything of high value) with another person.  If your name is on the Note and mortgage, the lender will look to you for payment if your fiance does not pay and, if you pay, you are merely building up equity in his name.  The only way to get your name off the loan documents is for the bank to release you (and the bank will almost certainly not do that) or for your fiance to refinance the loan in his name.  He may not have the credit or the income ability to refinance even if he wants to.     Probably the only way to preserve your credit is for your ex-fiance to convey the property to you and for you to take over the debt servicing --- OR --- for the property to be sold and the loan be paid off from the sale proceeds.  This would likely be the best option.  Ohio "probably" has a law allowing for the forced sale of property where co-owners cannot agree to sell.  Consult a good real estate attorney and ask about this procedure if your Ex refuses to sell without court intervention.... Read More