An Ohio seller sells a property with a general warranty deed. Five years later, a third party claims adverse possession of a strip of the property based on open and continuous use for 21 years (Ohio's adverse possession period). Under Ohio law, what obligation does the general warranty deed create for the original seller?
Correct Answer
C) The seller must defend the buyer's title under the covenant of warranty contained in the general warranty deed
The general warranty deed in Ohio contains a covenant of warranty (also called the covenant of quiet enjoyment), which obligates the seller to defend the buyer's title against all lawful claims. If a third party successfully claims adverse possession, the seller may be liable for breach of this covenant.
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Related Concepts
The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.
A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.
An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.
More Oh Specific Contracts Forms Questions
An Ohio purchase agreement for a rural property includes a well water contingency. The water test results show nitrate levels of 8 mg/L, which is below the EPA maximum contaminant level of 10 mg/L. However, the buyer is concerned because the level is elevated compared to the local average of 2 mg/L. Under Ohio practice, can the buyer terminate?
An Ohio purchase agreement includes a financing contingency with the following language: 'Buyer shall use best efforts to obtain financing.' The buyer applies to one lender, is denied, and immediately invokes the financing contingency to terminate. The seller argues the buyer did not use 'best efforts.' Under Ohio case law, what standard applies?
An Ohio purchase agreement typically contains several essential elements. Which of the following is NOT a required element of a valid Ohio real estate purchase agreement?
An Ohio buyer submits an offer with $8,000 earnest money. The listing broker deposits the check, but the purchase agreement actually specified that the earnest money would be held by a title company. The listing broker deposited it into the brokerage trust account by mistake. Under Ohio practice, what should happen?
Brian, a seller in Ohio, enters into a purchase agreement that includes a clause stating: 'If the buyer defaults, the seller may retain the earnest money as liquidated damages.' Brian's buyer defaults after all contingencies have been satisfied. Under Ohio law, what determines whether this liquidated damages clause is enforceable?
- → Diana, an Ohio listing agent, fails to present a buyer's offer to the seller because Diana was personally negotiating to purchase the property for herself. The buyer discovers the undisclosed offer and files a complaint. Under Ohio law, what consequences may Diana face?
- → Sandra, a buyer in Ohio, wants to assign her purchase agreement to her family's LLC before closing. Under Ohio law, which statement about contract assignment is correct?
- → An Ohio purchase agreement for a lakefront property in Ottawa County includes a contingency for a satisfactory dock permit review. The buyer's agent discovers that the dock does not have a valid Ohio Department of Natural Resources (ODNR) permit. Under the contingency, what is the buyer's recourse?
- → Jack, an Ohio buyer, has a purchase agreement with an inspection contingency. The home inspector discovers that the home has knob-and-tube wiring in the attic, which is still functioning. Jack's insurance company informs him that they will not insure the property unless the wiring is replaced. Under Ohio practice, what is Jack's best option?
- → Peter, an Ohio buyer, asks his agent about the difference between actual damages and liquidated damages. Under Ohio law, which statement correctly distinguishes the two?
- → Frank, an Ohio buyer, discovers that the seller's listing agent provided false information about the property's zoning. Frank suffered financial losses as a result. Under Ohio law, can Frank file a claim with the Ohio Real Estate Recovery Fund?
- → Grace, a buyer in Ohio, wants to know the difference between rescission and breach of contract. Under Ohio law, what is rescission?
- → Megan, a first-time Ohio buyer, asks her agent what 'specific performance' means as a remedy for breach of contract. Under Ohio law, which description is correct?
- → Tom, an Ohio buyer, refuses to close on a property after all contingencies have been satisfied and all deadlines have passed. Under Ohio contract law, what type of action has Tom committed?
- → Martha, an Ohio seller, provides a warranty deed to the buyer at closing. After closing, the buyer discovers an existing lien that was not disclosed. Under Ohio deed warranty law, what remedy does the buyer have?