June 19, 2015
Our firm is frequently called by buyers about claims relating to defects in real property, commercial and residential, after the closing. They are disappointed that some aspect of the property or another is defective, and demand repairs paid by the seller. Cracks in a concrete slab, mold, water leaks in plumbing, roofs and basements, and … Continue reading Real Estate 101: Ohio property defects claims
June 18, 2015
This article is the third in a series on new construction. The contents of this series of articles apply to commercial as well as residential projects. The essence of a real estate contract is that a buyer pays money in exchange for title to real property. In the case of new construction, as discussed here and here, … Continue reading New construction: Change orders, allowances and selections can significantly impact price
This article is the fourth in a series on new construction. The contents of this series of articles apply to commercial as well as residential projects. When structuring the contractual relationship between a buyer and a builder, one of the first considerations is: On whose land will the project be built? For, if the builder is … Continue reading New construction: On whose land are you building?
This article is the fifth in a series on new construction. The contents of this series of articles apply to commercial as well as residential projects. When building new, one of the main decisions the builder and the buyer need to address is whether the price will be fixed or vary with the price of materials, … Continue reading New construction: Cost-plus versus fixed-price
This article is the sixth in a series on new construction. The contents of this series of articles apply to commercial as well as residential projects. We discuss in this series the various difficulties in contracting for new construction of either a commercial building or a house. Now that these issues have been considered, you are ready to build. … Continue reading New construction: What form of contract?
This article is the seventh in a series on new construction. The contents of this series of articles apply to commercial as well as residential projects (this article being the only exception). The issue of mechanics liens in Ohio is complex and involved in commercial projects. But in the residential world (one and two-family residences), buyers are fully protected … Continue reading New construction: Ohio residential buyers absolutely protected from liens in limited circumstances
A common form of conveyance when selling real estate is the general warranty deed. With a general warranty deed, not only does the seller transfer title to the property, but also promises that she has good, marketable title and will defend any claims against the property otherwise. For example, if you sell property using a … Continue reading Real Estate 101: Breach of general warranty covenants can be costly mistake
Buyers are typically asked to place earnest money under a real estate purchase contract, residential and commercial. But who is holding this deposit? Can the buyer ever get it back? Can the seller ever retrieve it out of escrow? And is this a measure of or limit on damages on breach of contract by either … Continue reading Real Estate 101: Earnest money and escrow deposits
In this prior blog entry, we explore the distinction between escrow deposits and earnest money in Ohio, and the fact that these two things are not a measure of or limitation on damages sustained for a breach of a real estate purchase contact. This article seeks to bust a common myth about an escrow deposit: That a seller … Continue reading Myth buster: Further on earnest money
Ohio Revised Code Chapter 1923 provides a method of judicially acquiring possession of property back from a residential tenant. This is commonly referred to as an eviction. Under the Revised Code it is referenced as an action in “forcible entry and detainer.” But that Chapter does not apply to commercial tenants. Thus, the question: May … Continue reading Advanced commercial real estate: Can Ohio commercial landlords lock out a tenant in default?