Legal Question in Real Estate Law in Ohio

Property Lines

We bought a house around 40 days ago. It turns out that the realtors gave us incorrect information regarding the property lines. Also, there is a boundary/easment issue that has be brought to our attention since we bought the house, but none of this information was disclosed in the real estate contract. Now, we the owner of the property that we thought was our property is threatening us putting up a fence at the edge of his property unless we enter a property usage agreement for $7500. Do we have any recourse with the real estate company since this information was not disclosed? We probably would have not bought the house if we know this issue was goign on. Likeswise, we would have negotiated a lower price point for the house if we know we were going have to buy additional land.


Asked on 9/28/08, 11:23 am

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Property Lines

Dear Purchasers:

Ohio�s Seller�s Disclosure Statement is, in effect, a statutory affidavit. Requirements of disclosure, under Section 5302.30 R.C., effective on March 19,1993, requires sellers of residential real property to make honest, full disclosure, ��in good faith�� , of all known defects, in writing, in an affidavit form, signed by the Sellers and presented to Purchasers.

The new rules apply to ��any transfer of residential real property that occurs on or after July 1, 1993, by sale, land installment contract, lease with option to purchase, exchange, or lease for a term of ninety-nine years and renewable forever. For purposes of this section, a transfer occurs when the initial contract for transfer is executed, regardless of when legal title is transferred��

The form requires ��a statement of the conditions of the property and of information concerning the property actually known by the transferor; that, unless the transferee is otherwise advised in writing, the transferor, other than having lived at or owning the property, possesses no greater knowledge than that which could be obtained by a careful inspection of the property by a potential transferee; that the statement is not a warranty of any kind by the transferor or by any agent or subagent representing the transferor in this transaction; that the statement is not a substitute for any inspections; that the transferee is encouraged to obtain his/her own professional inspection; that the represent-ations are made by the transferor and are not the representations of the transferor's agent or subagent; and that the form and the representations contained therein are provided by the transferor exclusively to potential transferees in a transfer made by the transferor, and are not made to transferees in any subsequent transfers.

*** Contact an Attorney to guide and represent you in your action against the Seller and Realtor for their deception. Good luck. Sincerely,J. Norman

Stark

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Answered on 9/28/08, 2:07 pm


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