Real Estate Lawyer Assisting Clients in Buying and Selling Real Estate and Litigating Real Estate Disputes
As a real estate lawyer with offices in Brecksville, Ohio and Hudson, Ohio, we help clients all over the Cleveland, Ohio and Akron, Ohio areas with their real estate law needs. We are a full service real estate law firm, offering advice and legal help for all aspects of real estate, including:
Real Estate Lawyer for Buying Real Estate
We help clients buy real estate for good prices and on terms and time-frames that work for them. Depending on the unique needs of the client, this may consist of negotiating the purchase price, making a formal offer, drafting a purchase and sale agreement, drafting a deed, promissory note and mortgage and helping with closing. We can do as much or as little as you need. If you are buying property without a realtor, having a real estate lawyer help you will be a great relief to you.
Real Estate Lawyer for Selling Real Estate
Are you selling real estate without an agent so that you can save money by avoiding the agent’s commission? This can be a great cost savings to you, but puts a lot of work on your shoulder. If you hire Valente Law as your real estate lawyer, we can help make sure everything goes smoothly. Generally when helping a property owner sell their property, we help negotiate a great price for you, draft the purchase and sale agreement, coordinate with a title company and escrow agent to make sure the closing goes smoothly. We can handle all legal aspects relating to selling real property.
Real Estate Lawyer to Litigate Real Estate Disputes
We help clients resolve disputes involving real estate. Sometimes this can be done informally, other times it requires going to court and filing a law suit. Common real estate litigation issues we handle include breach of lease, breach of contract, damage to property, failure to pay rent, disputes between co-owners, disputes between beneficiaries of an inherited property, disputes between neighbors, problems involving home owners’ associations and condo boards, fraud claims and failure to disclose claims. We would welcome the opportunity to help you resolve your real estate dispute and will fight for your best interest.
Real Estate Laws and Regulations
Real estate law in Ohio is governed by state and local law. Title 53 of the Ohio Revised Code contains all of the Ohio laws governing real estate. Also, keep in mind that certain subdivisions may be controlled and restricted by Declarations set forth by a Home Owners’ Association. Also, each municipality will have a set of zoning laws which control real estate construction and use.
Real Estate Law Terms and Definitions
Quit Claim Deed
A quit claim deed (sometimes spelled as quitclaim) is a legal document that transfer someone’s ownership interest in real property. You should hire a quit claim deed lawyer to help you draft it, but the language required is specified in the ORC quit claim deed form. A quit claim deed does not include any warranties, like general warranty or limited warranty deeds.
General Warranty Deed
A general warranty deed is a legal document that transfers someone’s ownership interest in real estate. You should hire a general warranty deed lawyer to help you draft it, but the language required is specified in the ORC general warranty deed form. A general warranty deed includes a warranty that the seller is conveying good title to the property, and applies to the entire history of the property.
Limited Warranty Deed
A limited warranty deed is a legal document that transfers someone’s ownership interest in real estate. You should hire a limited warranty deed lawyer to help you draft it, but the language required is specified in the ORC limited warranty deed form. A limited warranty deed includes a warranty that the seller is conveying good title to the property. This warranty applies only to the period of time that the seller owned the property.
Fiduciary Deed
A fiduciary deed is used to transfer property when it is owned by a trust or another person acting in a fiduciary capacity.
Certificate of Transfer
A certificate of transfer is a legal document that is obtained in a probate court proceeding which allows the executor of the estate to transfer property from the estate.
Transfer on Death Deed – Transfer on Death Designation Affidavit
A transfer on death deed (or as presently referred to in the state of Ohio, a transfer on death designation affidavit) is a legal document that provides for someone’s ownership interest in real estate to transfer upon their death to a named beneficiary. You should hire a transfer on death deed lawyer to help you draft it, but the language required is specified in the ORC transfer on death deed form. A transfer on death deed allows the property to bypass probate court.
Joint With Rights of Survivorship
Joint with Rights of Survivorship (sometimes abbreviated JTWROS) is a manner in which 2 or more people jointly own real estate. If a property is owned jointly with rights of survivorship, the property immediately transfers to the other joint owners upon the death of another joint owner.
Tenants in Common
The default manner in which 2 or more individuals take title to real estate is as tenants in common. Unless specified otherwise in the deed, the Ohio tenancy in common law presumes that 2 or more owners take title as tenants in common, not as joint tenants with rights of survivorship. When one of the tenants in common dies, their interest does not automatically transfer to the surviving owner.
Survivorship Deed
A survivorship deed is a legal document in which the grantees acquire their ownership interests jointly with rights of survivorship. You should hire a transfer on real estate deed lawyer to help you draft it, but the language required is specified in the ORC survivorship deed form. A survivorship deed allows the property to bypass probate court.
Lease Agreement
A lease is a legal document that a property owner or landlord and tenant sign as the contract to rent real property.
Landlord
A landlord is the owner or leasing agent of a property that is rented to a tenant.
Tenant
A tenant is a person that leases real estate from a landlord.
Eviction
Eviction is the legal process through which a landlord forcefully removes a tenant from their real estate.
Quiet Title
Quite title is a term that is used to describe a court action in which a property owner asks the court to determine the ownership rights of another person claiming an interest to real estate.
Partition
Partition is the court process through which a jointly owned piece of real estate is split because the joint owners can’t agree on its use, management or disposition.
Tenants in Common
The default manner in which 2 or more individuals take title to real estate is as tenants in common. Unless specified otherwise in the deed, the law presumes that 2 or more owners take title as tenants in common, not as joint tenants with rights of survivorship. When one of the tenants in common dies, their interest does not automatically transfer to the surviving owner.
Life Estate Interest
A life estate interest is an ownership interest in real estate which permits someone to keep the property for the rest of
Dower
Dower is an ownership interest that gives the spouse of a property owner a 1/3rd life estate interest in the property.
Promissory Note
A Promissory Note is a legal document in which a borrower promises to repay a lender.
Mortgage
A mortgage is a legal document which provides a lender with the right to foreclose on the property if the borrower doesn’t pay the promissory note.
Lien
A lien is a claim that a creditor puts on real estate. Tax liens, judgment liens, and contractor liens are common types of liens put on real estate. If there is a lien on the property, the lien must be satisfied when the property is sold or the new buyer takes ownership subject to the lien.
Construction Lien
A construction lien is a type of lien that a contractor can put on a piece of real estate if the contractor has spent money on supplies and began work, but has not been paid in full. The contractor should release the lien when paid in full.
Judgment Lien
A judgment lien is a type of lien that is filed by someone who won a lawsuit judgment against the property owner. It is a way to force the loser of a lawsuit to pay the judgment.
Foreclosure
Foreclosure is the process through which a lender forecloses on a piece of real estate. This usually happens when the borrower is past due on payments.
Specific Real Estate Law Issues We Are Commonly Involved In
The following are specific areas of real estate law in which we regularly practice:
Landlord Tenant Disputes and Litigation
Landlord tenant law is a major area of real estate law that we are very familiar with. We represent both landlords and tenants in all sorts of landlord tenant disputes. Commonly we help resolve disputes regarding security deposits, late rent, evictions, damages to property, failure of landlord to maintain the property and many other landlord tenant disputes.
Real Estate Document Drafting
We regularly draft the following documents: quit claim deeds, general warranty deeds, limited warranty deeds, fiduciary deeds, transfer on death deeds, transfer on death designation, transfer on death confirmation affidavits, promissory notes, mortgages, purchase and sale agreements, home owners’ association bylaws, declarations setting up and creating uniform restrictions among subdivisions, land contracts, leases, assignment agreements, rights of first refusals, option agreements, liens, satisfaction of mortgage, release of mortgage, and many other real estate documents.
Real Estate Development Project Lawyer
Whether you are an experienced real estate developer, a business owner, or a first time developer, we can help you with your project. From working with zoning boards to get plans approved and get zoning exceptions, to securing financing and contracting with your general contractor or subcontractors, all the way to leasing or selling the developed property, we can serve as your real estate development lawyer and make this difficult process easier, more efficient, and cost effectively.
Resolving Disputes, Litigation and Law Suits Between Neighbors
Is your neighbor ruining the enjoyment of your property? Are they violating the restrictions of your subdivision? Bad neighbors can make life frustrating, but we can help you resolve your dispute with your neighbors.
Real Estate Lawyer Instead of a Real Estate Agent
While we believe in the value of the real estate agents we work with, some of our clients hire us to help them with the legal requirements when they buy or sell a home without an agent. Real estate agent commissions are very expensive. You can save a lot of money when buying or selling real estate by hiring us to do the legal work and help with the closing.
Filing, Recording and Reviewing Documents Filed in the County Recorder’s Office
Most real estate contracts are recorded with the County Recorders office. We regularly record documents in the following counties, and here is information on each of the offices:
Medina County Recorder’s Office
Cuyahoga County Recorder’s Office
Summit County Recorder’s Office
Stark County Recorder’s Office
Lake County Recorder’s Office
Lorain County Recorder’s Office
Geauga County Recorder’s Office
Real Estate Law Frequently Asked Questions
Do I need a real estate agent to buy or sell my property?
No, you do not need a real estate agent. If you want to save yourself some money when buying or selling real estate, you can go through the process without a realtor. We strongly recommend hiring a real estate lawyer to help you review and draft the legal documents.
How can I evict my tenant?
If your tenant is in breach of the lease or the lease term has expired, you can evict the tenant through a court ordered eviction. You must first serve one or more notices to vacate the premises, then file an eviction complaint.
My tenant damaged my rental property, how can I make them pay?
You can keep whatever portion of the security deposit is need to cover the expense of correcting the damage. If they didn’t pay a security deposit or the damage exceeds the amount of the deposit, you can sue the tenant for breach of lease and breach of tenant duties. Suing a tenant is a technical process and you should hire a real estate attorney to help you through the process.
My landlord kept my security deposit, how can I make them repay it?
You will have to sue them for breach of lease and breach of landlord duties. This is a very technical legal process, and you should hire a good real estate lawyer to help you.
My co-owner refuses to cooperate, what are my options?
You can sue a joint owner of real estate in a partition action to split the property. You can either ask to sell the property and split the proceeds or actually divide the property and each owner gets their own separate piece of real estate.
How do I give my property to my children upon my death?
You can leave property to your children through a trust, through a will, through a transfer on death deed, transfer on death designation affidavit, survivorship deed. These are all very technical legal documents, so you should hire a real estate deed lawyer to help you draft these deeds.
How do I give my property to my spouse upon my death?
You can give property to your spouse through estate planning documents like a will or trust. You can also use a transfer on death deed, transfer on death designation affidavit or survivorship deed.
How do I keep my property out of probate court?
You can keep your property out of probate by making sure that it is owned in one of the following ways: owned by a trust, owned jointly with rights of survivorship, or has a transfer on death designation or transfer on death deed covering it. If it is not owned in one of these manners, it will be stuck going through probate if you die.
Hire a Real Estate Attorney
Real estate law is a very technical area of law. You would be wise to hire a real estate lawyer to help you navigate this process. As a real estate lawyer in the Cleveland, Akron area, we are helping clients with the real estate legal needs all over northeast Ohio. We would be happy to help you with your real estate legal needs. Call Valente Law today to review your real estate issue!
Brecksville, Ohio Real Estate Lawyer Office
Visit us at our real estate attorney at Valente Law, LLC’s Brecksville, Ohio Office:
Address: 7650 Chippewa Road, Suite 214, Brecksville, Ohio 44141
Phone: (440) 792-6777
email: [email protected]
Valente Law, LLC - Brecksville, Ohio Office
Hudson, Ohio Real Estate Attorney Office
Alternatively, visit our real estate lawyer at Valente Law, LLC’s Hudson, Ohio Office:
Address: 77 Milford Drive, Suite 226, Hudson, Ohio 44236
Phone: (330) 665-5000
email: [email protected]