Legal Question in Real Estate Law in Ohio

Verbal contracts

I have a contract on a house that states that a professional home inspection is to be completed within 10 days after signing the contract. I went on vacation and asked the seller ''verbally'' to allow me have the home inspection completed when I return from vaction and their reply was ''sure no problem, we agree''. When I returned I had the home inspected on the 12th day. Needless to say, there were major mold problems with the house and I have requested to terminate the contract and return my good faith deposit. The seller is refusing to return my deposit because i did not have the home inspected with in the 10 day pierod.

The questions is , Is a verbal agreement in this case legal and binding. ?

Thanks


Asked on 6/23/05, 8:48 am

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Verbal contracts

Dear Purchaser,

I presume you have a detailed written Offer and Acceptance Agreement. There should be some provision in it for cancelling (recission) on the basis of defects, namely the mold. Accordingly, regardless of when your inspection was made, you still have a valid basis for recission, based on a material defect in the premises.

You may have a valid action against the Seller for fraudulent misrepresentation and inducement, i.e. failure to disclose a material degect in the Seller's Disclosure Statement, required in Ohio.

Violations of the Ohio Consumer Sales Practices Act may waarant trble (three times) damages, together with pjunitive damages for fraud, concealment,etc.

Retain an experienced real property lawyer-litigator, and take no hostages! Good luck.

J. Norman Stark

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Answered on 6/23/05, 11:06 am


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