Real Estate Law FAQs

To legally transfer property in Ohio, a valid deed must be executed and delivered. The deed must be in writing, signed by the grantor (the person transferring the property), and acknowledged before a notary public. The deed should then be recorded with the county recorder's office where the property is located. 

In Ohio, the most common types of deeds are the general warranty deed, the limited warranty deed, and the quitclaim deed. A general warranty deed provides the most protection, as the grantor guarantees they hold clear title to the property and will defend against any claims. A limited warranty deed offers less protection, guaranteeing only against claims arising during the grantor's ownership. A quitclaim deed provides the least protection, transferring only whatever interest the grantor has without any guarantees. 

A land contract, also known as a contract for deed, is an agreement between a buyer and seller where the buyer makes payments directly to the seller over time. The seller retains legal title to the property until the buyer fulfills the payment terms of the contract. Land contracts are often used when buyers cannot obtain traditional financing. 

In Ohio, sellers of residential property are required to provide a Residential Property Disclosure Form. This form discloses any known material defects in the property. The disclosure must be provided to the buyer before the contract is signed. Failing to provide this form can result in the buyer having the right to rescind the contract. 

Ohio is a judicial foreclosure state, meaning the lender must file a lawsuit in court to foreclose on a property. The process begins with the lender sending a notice of default to the borrower. If the borrower does not cure the default, the lender files a complaint in court. The court then issues a judgment of foreclosure, and the property is sold at a sheriff's sale. The proceeds from the sale are used to pay off the mortgage debt and any remaining funds are distributed to other lienholders and the borrower. 

They can also file complaints with private attorneys seeking immediate remedies. 

The Ohio homestead exemption allows homeowners to protect a portion of their home's equity from creditors. As of 2021, the exemption amount is $145,425. This means that if a homeowner files for bankruptcy or faces a judgment, they can protect up to $145,425 of their home's value from being used to satisfy debts. 

When buying property in Ohio's rural areas, it is important to consider factors such as zoning laws, access to utilities, and potential environmental issues. Buyers should conduct a thorough inspection and research the property's history and any easements or restrictions. Additionally, buyers should be aware of the Ohio Agricultural Easement Donation Program, which allows landowners to voluntarily donate an easement to protect farmland from development. 

Ohio's landlord-tenant laws cover various aspects of the rental relationship, including lease agreements, security deposits, rent payments, and eviction procedures. Landlords are required to provide safe and habitable housing, make necessary repairs, and follow proper procedures for evicting tenants. Tenants are responsible for paying rent on time, keeping the property in good condition, and complying with lease terms. Both parties have rights and responsibilities outlined in the Ohio Revised Code Chapter 5321. 

Property taxes in Ohio are determined by the county auditor's office. The auditor appraises the value of the property and calculates the tax based on the property's assessed value and the local tax rate. Property owners receive a tax bill twice a year, and taxes are used to fund local services such as schools, roads, and emergency services. Property owners can appeal their property valuation if they believe it is incorrect. 

A mechanic's lien is a legal claim against a property for unpaid labor or materials provided during construction or improvements. In Ohio, contractors, subcontractors, and suppliers can file a mechanic's lien if they are not paid for their work. The lien must be filed with the county recorder's office within 75 days of the last date of work. A mechanic's lien can affect the property's title and must be resolved before the property can be sold or refinanced.