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.
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...read more
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...read more
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...read more
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...read more
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...read more
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...read more
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...read more
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...read more
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...read more
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...read more
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