Real Estate Law in Dayton, OH
What Is Real Estate Law?
Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home?
Whether or not you are a property owner or tenant, you have rights under Dayton, Ohio real estate law. Developers, property managers, and investors can also face property issues. Common reasons for this include property rights, access, liabilities, and more. These matters are complicated, so the best first step is to seek the counsel of a qualified Dayton real estate attorney.
Types of Real Estate Law Disputes
Disputes involving real estate are very common and some of them are quite complex. They often require the intervention of the courts. The courts are seen as the most biased party to weigh in fairly. Learn more about the different types of real estate disputes below.
Escrow Deposit
If you decide to purchase any Dayton property, there are certain steps all involved parties must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.
Easement Real Estate Dispute
Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Dayton, OH property deeds. Regardless of the reason for the dispute, the resolution often involves hiring an experienced real estate law attorney. Still, one step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.
Fraud/Omissions
Some unscrupulous sellers try to take advantage of buyers by withholding information. Ultimately, they may do this to impact the outcome of the transactions and future ownership. Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with an experienced Dayton real estate lawyer to straighten things out.
Under Ohio law, a Dayton residential property seller must disclose all known material defects before the buyer signs the contract. The Residential Property Disclosure Form includes structural and legal issues, as well as information about termites, water/sewer systems, and flooding. Keep in mind, however, that the seller does not have to inspect the property or investigate potential issues. If a Dayton buyer signs the contract without receiving the disclosures, they can void the sale within 3 business days. In addition, sellers who knowingly omit or misrepresent a defect may face civil or criminal fraud actions.
Contract Breaches
No real estate transaction in , is legally enforceable without a valid contract. Each state has its requirements for what must be included in a real estate agreement, and missing key elements or using unclear language can lead to disputes between buyers and sellers—especially if one party breaches the terms.
Real estate contracts are binding legal documents, so it’s essential to ensure they are clear, complete, and mutually beneficial. Before entering into any real estate transaction in , always review the contract carefully or consult a legal professional to protect your interests.
Landlord/Tenant
Disputes often arise when Ohio landlords and tenants cannot agree on repairs, rent arrears, and more. Dayton, OH tenant and landlord laws are very complex, and failure to adhere to them can cause either party to violate the rights of the other. Not only is a valid rental agreement crucial, so is having good legal counsel.
Dayton rental agreements are subject to Ohio’s Landlords and Tenants laws. These statutes spell out the rights and responsibilities of both parties to a lease. For example, tenants must pay their rent on time and follow the rules laid out in the rental contract. As for landlords, they must provide notice before entering the property or terminating the lease. In addition, they cannot retaliate or discriminate against their tenants. Dayton Municipal Code contains fair housing rules that are even stricter than the state’s.
Boundary Lines
Property line disagreements usually occur when adjoining Dayton, OH property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some Ohio property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.
Ownership
Ownership issues are common when an owner verbally transfers ownership without documentation. These disputes often happen when someone bequeaths their real estate to another without going through the proper process. Or, there can be other parties with ownership rights, such as certain lien holders.
Determining the rightful owner of a property in Dayton is not always easy. Many factors and issues can arise when disagreements over real estate exist.
Liens
Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be cleared before securing a mortgage or financing.
If you do not pay an Ohio court judgment, you may end up with a lien on your Dayton real property. Under Ohio legislation, the lien attaches when the creditor records the judgment with the clerk of the Montgomery County Court of Common Pleas. Unless you pay the debt, the lien will stay on your property for 5 years.
What Should You Do If You Become Involved in a Real Estate Dispute In Dayton, Ohio?
Suppose you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement. In that case, you may want to speak with a qualified Dayton real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Dayton real estate law is quite complex. You need to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.
Work With an Experienced Real Estate Attorney In Dayton, Ohio
Real estate disputes make up the majority of litigation cases. Not all issues require you to go to trial. You should work with an experienced Dayton lawyer who has the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.
Get the legal help you need now. We help Ohio landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Ohio state lines.
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About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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