Blog
The articles provided below are not to be considered legal advice upon which you can rely. They are intended for general information purposes only. Reading an article on the internet is not a substitute for an attorney. For an analysis of your particular circumstances, please call Mr. Zitesman at 614-799-9494.
Need to Prove Actual Knowledge to Win a Fraudulent Concealment
On March 3, 2016, the Eighth District Court of Appeals in Cuyahoga County, Ohio rendered the decision in the case of Montgomery v. Vargo, 2016-Ohio-809 once again clarifying that all elements of fraud must be proven even if a defect in a home is not disclosed on the...
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The Offer of Closing or Settlement Protection Coverage
Ohio Revised Code § 3953.32 In 2007, the section 3953.32 became part of the law of Ohio in apparent response to abuses by a particular Central Ohio title agency and perhaps others. The law mandates that at the time the title insurance agency receives an order, it must...
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Effective Termination of a Purchase Contract
Last year a client came to me with a problem, which in my line of work is not too unusual. The client was in contract to buy a spec home from a custom homebuilder. The contract was on the builder’s contract, not the CBR/CBA Real Estate Purchase Contract. The contract...
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Damage and Destruction
Damage and Destruction. Two words that can have a very detrimental effect on a real estate transaction. The current CBR/CBA contract deals with two different types of damage. First, there is the damage that occurred prior to the contract being signed, pre-existing...
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Arbitration Clauses in Home Builder Contracts – What They Do and Why Eliminate Them
It is common for contracts from home builders to include arbitration clauses. These clauses have been the subject of many lawsuits. The principal question is generally whether they should be enforceable. My question is whether arbitration clauses truly serve the...
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Fiduciary Duty of Real Estate Brokers and Agents
Fiduciary duty. What do these words really mean to real estate agents? To answer that question let’s start with Black’s Law Dictionary, 5th Edition, page 563, “Fiduciary: …a person holding the character of a trustee…in respect to the trust and confidence involved in...
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Breach of Contract
Over the years, I have represented many clients in breach of real estate purchase contract cases. I have represented sellers who did not want to sell, buyers who did not want to buy, buyers who wanted to buy with sellers who refused to sell, and a buyer who was sued...
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The Art of Requesting Remedies
The Real Estate Purchase Contract approved by the Columbus Board of Realtors and the Columbus Bar Association, “the Contract,” contains provisions for inspections and requests for remedies if unsatisfactory conditions are discovered. Paragraph 4.3 of the Contract has...
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Home Inspections and the Columbus Bar Association – Columbus Board of Realtors Purchase Contract
Home inspection. Two words that can make some sellers and agents tremble with fear and loathing. Section 4 of the CBA/CBR Residential Real Estate Purchase Contract provides very detailed and specific rights concerning inspections and tests. But before I get into my...
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Fraud in Residential Real Estate Transactions in Ohio
A frequently litigated issue is whether sellers of residential real estate are liable for defects discovered by buyers either before or after closing on the sale. The common element of these cases is whether there was fraud involved on the part of the seller. Often a...
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