Legal Question in Real Estate Law in Ohio

Re: deed restriction notification

Dear New Home Purchaser: You were entitled to be notified and made aware of the deed restriction by the seller (vendor) as well as by the realtor - whether your realtor or the vendor's realtor, providing they had such knowledge and information.

The case law of Ohio provides for the disclosure of such important information as it affects real property.

See: Foust v. Valleybrook Realty Co. (1981), 4 Ohio App.3d 164:

"1. Vendors and their agents have a duty to disclose any material facts which are not visible and nondisclosure is willful misrepresentation. Purchasers have a duty to inquire and to inspect the premises in a prudent manner. However, the purchasers also have a right to rely upon the representations of the vendors and their agents and need not inquire of others after receiving answers to their questions.***"

May I respectfully urge you to seek professional assistance in the form of an experienced real estate attorney.

Good luck.

Sincerely,

J. Norman Stark