A real estate transaction — whether buying, selling, or transferring property — involves a series of legal steps that must be handled correctly. Errors in a deed, an overlooked lien, or a poorly drafted purchase agreement can create problems that are expensive and time-consuming to fix. Zachary B. Simonoff assists clients throughout Lorain County and Northeast Ohio with the legal side of real estate transactions, helping to ensure that your interests are protected from contract to closing.
Residential Real Estate Closings
Purchasing a home is the largest financial transaction most people will ever make. While real estate agents handle much of the marketing and negotiation, there are legal aspects of a closing that benefit from attorney involvement. Zachary B. Simonoff assists buyers and sellers with reviewing and drafting purchase agreements, reviewing title commitments and addressing title defects, preparation of deeds and transfer documents, review of closing statements and settlement figures, and ensuring that all documents are properly executed and recorded. Having an attorney review your transaction before closing can identify potential issues — such as problematic contract terms or unclear title conditions — before they become your problem.
Deed Preparation and Transfers
Transferring real property requires a properly drafted and executed deed. Ohio recognizes several types of deeds, each offering different levels of protection to the buyer. A general warranty deed provides the broadest protection, with the seller guaranteeing clear title and agreeing to defend against any claims. A limited warranty deed covers only the period during which the seller owned the property. A quitclaim deed transfers whatever interest the seller has, with no guarantees at all. Transfer on death affidavits and affidavits of survivorship are also commonly needed to properly update property records.
Choosing the right type of deed matters. So does getting the legal description right, identifying the correct grantor and grantee, and ensuring the deed is properly executed, notarized, and recorded with the county recorder’s office. Zachary B. Simonoff prepares deeds for property sales, transfers between family members, transfers into or out of trusts, and other situations where property ownership needs to change hands.
Land Contracts
A land contract — sometimes called a contract for deed — is an alternative to traditional mortgage financing where the seller finances the purchase directly. The buyer takes possession of the property and makes payments to the seller over time. The seller retains legal title until the contract is paid in full. Land contracts can be a useful tool, but they carry risks for both parties. Ohio law imposes specific requirements on land contracts, including recording obligations and forfeiture procedures. Whether you are a buyer or seller considering a land contract, having an attorney draft or review the agreement protects your interests.
Title Issues and Quiet Title Actions
Title problems can surface at any point — during a sale, when refinancing, or when an heir tries to transfer property. Common title issues include unreleased mortgages or liens, breaks in the chain of title, errors in prior deeds, competing claims to ownership, and tax liens. When a title defect cannot be resolved through standard means, a quiet title action may be necessary. This is a lawsuit filed in the Court of Common Pleas asking the court to determine who owns the property and to eliminate competing claims. Zachary B. Simonoff handles quiet title actions and other title disputes to help clients clear their property records.
Easements and Boundary Disputes
Disputes between neighboring property owners over boundaries, easements, and rights-of-way are common and can escalate quickly. Whether you need to establish or challenge an easement, resolve a boundary line disagreement, or address encroachments, having legal representation helps protect your property rights while working toward a practical resolution.
If you need legal assistance with a real estate transaction, call 440.253.9459 to schedule a consultation.