Real Estate and Construction Law Blog

Oh…By the Way….Don’t Forget To Wash Your Hands!

By John Swansinger, Esq. We can’t preach enough that, when it comes to construction contracts, words mean everything. I am writing about a tragic case involving the spread of Legionnaires disease being cause by shoddy workmanship in a new construction
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Posted in Real Estate and Construction Law

Landlord – Tenant Law Seminar in Akron, Ohio

Buckingham attorney Matthew R. Duncan will be speaking at the seminar entitled Landlord – Tenant Law: Leases, Evictions, Litigation, and Settlements on April 24, 2015 in Akron, Ohio. For more information and to register, click here.

Posted in Eviction, Leases, Real Estate and Construction Law

Ohio Supreme Court: Municipalities Cannot Obstruct Oil and Gas Development That the State Has Permitted

By:  Michael J. Matasich and Matthew R. Duncan The Ohio Supreme Court has issued an important decision in State ex rel. Morrison v. Beck Energy Corp., Slip Opinion No. 2015-Ohio-485 reaffirming the preeminent role of the State of Ohio in
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Posted in Oil and Gas, Real Estate and Construction Law

Residential Landlord-Tenant Law in Ohio Seminar

Attorney Matthew Duncan recently presented at a Lorman seminar entitled Residential Landlord Tenant Law in Ohio.  For more information and to purchase the audio files and reference manual from this seminar, click here.

Posted in Eviction, Leases, Real Estate and Construction Law

Ohio Homestead Exemption Amendment Affects Judgment Lien Holders

By: Alan P. DiGirolamo Effective April 1, 2013, Ohio’s homestead exemption was amended to allow a homeowner to exempt up to $132,900 of equity in his or her home.  See, Ohio Revised Code Section 2329.66(A)(1)(b).  This is important to contractors,
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Posted in Foreclosures, Homestead Exemption, Real Estate and Construction Law

TWO WORD$

By:  John Swansinger, Esq. “Condition precedent” is now perhaps the most important term in your Ohio construction subcontract following the Ohio Supreme Court’s recent decision in Transtar Electric, Inc. v A.E.M. Electric Services Corporation Slip Opinion No. 2014-Ohio-3095.  Ignore this
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Posted in News, Construction Law, Real Estate and Construction Law

Real Property Tax: Ohio Supreme Court Rejects Recency Presumption for Sale Occurring 29 Months Prior to the Tax Lien Date

By: Richard Fry Former R.C. 5713.03 required a county auditor to consider a recent arm’s-length sale in determining a property’s true value for real property tax purposes. “The best evidence of the true value in money of real property is
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Posted in News, Real Estate Taxation, Real Estate and Construction Law

Oral Representations in an “As-Is” Sale

Attorney Frederick M. Lombardi provides the following update on a recent decision involving an “as-is” sale of real estate: In an “as is” sale by a receiver, where the receiver orally represented to the purchaser plaintiff that the foreclosed car wash
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Posted in Purchase Agreements, Real Estate and Construction Law, Cases

Fear the Form! — Developments in Construction Contracts

Buckingham attorney John Swansinger presents the following article on construction contracts: One of the greatest days for any contractor, at any level, is when the words “WE WON THE BID…..WE WON THE BID!” are cast over the weary war room. 
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Posted in Construction Law, Real Estate and Construction Law

Disposition of Real Property and How Tax Can Be Avoided

The following article from Buckingham attorney Steven A. Dimengo discusses tax-avoidance strategies for the sale of real property. Contemplating the sale of real property held for investment or use in a trade or business but want to avoid paying any
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Posted in Real Estate Taxation, Real Estate Finance, Taxation, Real Estate and Construction Law