Barkan & Robon Ltd.Maumee Business Litigation Lawyers | Toledo | Barkan & Robon Ltd.2026-08-31T06:24:59Zhttps://www.barkan-robon.com/feed/atom/WordPressby Barkan & Robon Ltd.<![CDATA[Suing for specific performance in Ohio real estate]]>https://www.barkan-robon.com/?p=504652026-08-31T06:24:59Z2026-08-28T19:06:20ZKnowing about specific performance as a fix
Ohio courts often see real estate as a unique asset that cash payments cannot replace. Specific performance allows a judge to order the breaching party to fulfill the real estate deal. Specific performance applies when a buyer wants the property itself and monetary compensation would not adequately address the loss.
Meeting the legal rules for relief
You need to show several specific factors in a claim for a court-ordered property transfer. The court generally requires a valid written contract signed by the party against whom specific performance is sought. In most real estate deals, that means both the buyer and seller signed. Your evidence should also show that you were ready and able to meet your obligations under the agreement.
Judges look for proof that the breaching party lacks a valid legal excuse for failing to close the deal. This includes a review of contract terms and actions taken before the breach happened. These requirements can help you build a stronger case for specific performance.
When courts grant specific performance
Courts generally look for several factors before ordering a party to complete a real estate transaction:
The contract contains clear and definite terms
The money damages available would not adequately compensate the buyer
The plaintiff has met all conditions precedent
The seller still holds title to the property
Proving these facts requires detailed records of the failed deal and all communications between the parties. When filing a lawsuit for specific performance, a party may also record a lis pendens to protect the buyer's interest in the property. This notice puts the public on record that a lawsuit affecting the property is pending. Any buyer who purchases the property after the lis pendens is recorded generally takes title subject to the outcome of that litigation.
Taking the right steps after a breach
When a seller refuses to follow through on a signed real estate agreement in Ohio, specific performance may compel them to complete the sale. The remedy requires a clear contract, documented readiness to perform and proof that money alone would not adequately address the buyer's loss. Knowing what courts look for before filing can help a buyer build a stronger record and protect their interest in the property throughout the process.]]>On Behalf of Barkan & Robon Ltd.<![CDATA[Will Ohio bear the prepayment penalty in eminent domain?]]>https://www.barkan-robon.com/?p=504632026-08-19T11:03:30Z2026-08-19T11:03:30ZWhat does the law say?
In accordance with Ohio law, state agencies usually reimburse any prepayment penalty that your lender may charge you as a direct result of the taking. This legal requirement generally protects you from financial penalties when you are not at fault.
Gather all relevant documents
The law entitles you to reimbursement for certain other reasonable expenses you incur as a direct result of the eminent domain taking, in addition to the prepayment penalty. To ensure coverage of all your out-of-pocket expenses, you should keep relevant documents, including:
Mortgage documents
A lender payoff statement
Any notice showing a prepayment penalty
Closing statements
Proof of prepaid taxes
Having these records gives you and your attorney the documentation needed to support your reimbursement request.
Protecting your full reimbursement rights in Ohio
Facing an eminent domain taking, also known as an appropriation proceeding, involves multiple deadlines, documentation requirements and negotiation opportunities that can be difficult to manage while also dealing with the disruption of losing a property. In this situation, it may help to speak with an Ohio eminent domain attorney. They can take a look at the offer, confirm what expenses the agency should cover and help you pursue the full amount the agency may owe you.]]>On Behalf of Barkan & Robon Ltd.<![CDATA[What should an Ohio business preserve before a lawsuit?]]>https://www.barkan-robon.com/?p=504622026-07-31T14:01:37Z2026-07-31T14:01:37ZOhio Civil Rule 37 covers digital records, such as emails, texts and computer files. Once a lawsuit becomes likely or begins, taking reasonable steps to preserve them may help prevent costly disputes over missing evidence.
Identify records connected to the dispute
You do not need to keep every business record forever. Start with the people, events and issues tied to the dispute. Records to keep may include:
Contracts, invoices and payment records
Emails, text messages and workplace chats
Employee or financial records tied to the dispute
Files stored online or on shared company systems
Security footage, call recordings and voicemails
Physical equipment or products involved
Records from accountants, payroll firms or IT providers
The information may support your position, another party’s claims or both. Deleting unfavorable material may create additional problems.
Pause routine deletion of electronic information
A litigation hold is a written notice directing relevant employees to preserve information connected to an expected or pending case. For example, you may work with your IT provider to disable automatic email deletion, preserve relevant employee accounts and prevent security footage from being overwritten.
Keeping digital files in their original format may preserve background details showing when someone created, opened or changed them. If missing information harms the other party’s case, the court may take steps to address that harm. If the court finds that your business intentionally deprived the other party of the information, it may tell jurors to assume the missing evidence was unfavorable, dismiss a claim or enter judgment against your business.
Protect your position beyond the evidence
A dispute over missing records can shift attention away from the contract, payment or ownership issue that caused the lawsuit. It may also increase legal costs, affect your credibility and weaken your position during settlement discussions. Legal guidance can help you decide how broadly to preserve records and keep the case focused on the underlying business dispute.]]>On Behalf of Barkan & Robon Ltd.<![CDATA[What happens when co-owners disagree about selling property?]]>https://www.barkan-robon.com/?p=504592026-07-20T14:32:18Z2026-07-24T14:26:41ZHow an Ohio partition action works
Under Ohio law, certain co-owners may seek partition in the county common pleas court. The judge confirms each person’s ownership share and appoints at least one neutral person to inspect and evaluate the property.
If the commissioner determines that dividing the land would reduce its value, the commissioner provides a valuation for the judge’s review. If the judge approves the valuation, one owner may buy the others’ shares at that price.
Special timing restrictions apply to inherited real estate: a judge generally cannot order partition within one year of the former owner’s death unless the estate has paid or secured its debts or has enough non-real-estate assets to cover them.
What happens if no owner buys the property
If no one chooses that option, the judge may order a public auction at a party’s request, although state law generally prohibits a sale below two-thirds of the commissioner’s valuation. However, a public auction may produce less than a negotiated private sale.
A partition case can also generate court costs, sale expenses and attorney fees, and the judge directs the distribution of the remaining proceeds according to each person’s share.
Records that can clarify the dispute
Before discussing a sale or buyout, gather documents that show how the real estate is owned and managed:
The deed and ownership shares
Mortgage, lien and tax records
Repair and maintenance expenses
Rental income records
Written sale or buyout proposals
These details can reveal unpaid debts, unequal contributions or other issues that could influence a resolution.
Protect the property while resolving the dispute
A disagreement does not suspend the property’s ongoing obligations. Co-owners may still need to address insurance, taxes, repairs, tenant concerns or code notices while deciding what happens next. Documenting payments and decisions can reduce the likelihood of additional conflict during that process.]]>On Behalf of Barkan & Robon Ltd.<![CDATA[Your rights when a utility company demands an easement]]>https://www.barkan-robon.com/?p=504572026-07-15T15:12:02Z2026-07-15T15:12:02ZAn easement is not a transfer of ownership
An easement does not mean you are giving up your property deed. The utility company is only purchasing the right to use a specific slice of your land for a designated purpose, such as running power lines or water pipes.
You still own the land. However, you must not do anything on that slice of land that blocks the utility company from doing its maintenance work. Because this agreement permanently limits how you can use your own acreage, you should negotiate the terms carefully before signing.
You have the right to negotiate for just compensation
Article I, Section 19 of the Ohio Constitution serves as the primary state authority protecting your land from uncompensated takings. Additionally, the federal Fifth Amendment guarantees just compensation, which applies to local projects and private utilities through the Fourteenth Amendment.
Your compensation should reflect two main financial impacts:
The actual market value of the specific strip of land the utility company will use
The damage to the residue, which is the decrease in the value of your remaining, untouched land caused by the project
These calculations rely entirely on individual, date-of-take fair market appraisals rather than standard government valuation tables. An independent appraisal is often necessary to calculate these figures accurately.
Terms to negotiate beyond the payout amount
Money is only one part of a strong easement agreement. You can also negotiate how the company treats your land during and after construction.
You can demand specific terms in writing:
The utility company must repair any agricultural drainage tiles they break.
The workers must restore your lawn, driveway, and walks to their original state.
The company must pay for the replacement of mature trees or expensive landscaping they remove.
Securing these terms in a legally binding contract prevents future disputes.
How to handle a threat of eminent domain
Utility agents often hint that if you do not sign their paperwork, they will simply seize your land anyway. It is vital to recognize your actual legal leverage in this scenario. Under Ohio law, private utility companies do not possess "quick-take" authority.
A utility company cannot legally touch your land or begin construction until a full compensation trial concludes and a jury determines the final award. Furthermore, you have the explicit right to challenge the necessity and the proposed route of the project in court.
If you appeal a court ruling on necessity, the utility company must halt all trial and construction proceedings until the appeal is resolved. This built-in delay gives you immense leverage during negotiations.
Protect your property rights before you sign
Speak with an experienced Ohio eminent domain litigator to review the contract. A legal professional can help you structure the terms to protect your land and secure the full compensation you deserve.
]]>On Behalf of Barkan & Robon Ltd.<![CDATA[3 common real estate disputes]]>https://www.barkan-robon.com/?p=504562026-07-14T13:49:17Z2026-07-14T13:49:17ZWhether you are buying or selling a home, it is important to be aware of some common disputes that can disrupt a real estate transaction. A dispute can lead to delays, serious financial setbacks and legal consequences.
Here are a few common problems when handling a real estate transaction in Ohio:
1. Undisclosed property damage
Home sellers are required to reveal known defects with a home when completing the Residential Property Disclosure Form. These issues may impact the foundation, plumbing, HVAC or other crucial parts of a home. If a seller doesn’t disclose known issues, then it can impact the value of a home. However, sellers may not know about major defects with a home. This is why it is often important to have an inspection done before closing on a house.
2. Zoning disputes
When buying land to build a home or business, it is important to review local zoning regulations. Local zoning regulations determine how land can be used for residential or commercial purposes. If a project violates a zoning law, it can lead to serious disputes that delay projects and can create legal issues.
3. Real estate transaction breaches
A contract helps define each party’s role during a real estate transaction. A real estate contract may require a seller to make adjustments to a home, cover the costs of a property inspection or appraisal or pay for additional expenses. However, if a seller refuses to follow a real estate contract, then they may be in breach. A contract breach may require a court to enforce the contract.Professional legal guidance can help you avoid these common legal mistakes and help you explore ways to protect a real estate transaction.]]>On Behalf of Barkan & Robon Ltd.<![CDATA[Can businesses still enforce noncompetes in Ohio?]]>https://www.barkan-robon.com/?p=504532026-06-28T19:51:31Z2026-06-28T19:51:31ZValid agreements are still enforceable
Federal attempts to prohibit employment noncompete agreements have failed due to court rulings. While Ohio state lawmakers have proposed major restrictions on noncompete agreements, the law has not yet changed.
So long as the agreement is reasonable, a former business partner or employee could face litigation intended to enforce the terms of a non-compete agreement. Typically, noncompete agreements should only apply to a specific geographic area.
They are also only enforceable for a limited amount of time after the end of a working relationship. Typically, non-compete agreements are only enforceable for up to two years after the end of an employment arrangement or up to five years after a business partner sells their interest in the company. A successful enforcement lawsuit could result in an injunction preventing continued competition or an award of damages.
Reviewing original agreements and any violation of a noncompete with a skilled legal team can help business leaders evaluate their options. Initiating business litigation is often necessary when a former employee or business partner unfairly competes against a company.]]>On Behalf of Barkan & Robon Ltd.<![CDATA[Can a seller be liable for failing to disclose property defects?]]>https://www.barkan-robon.com/?p=504522026-06-21T02:54:39Z2026-06-21T02:54:39ZThe law in Ohio
Ohio law generally requires residential sellers to complete a Residential Property Disclosure Form that identifies known material defects affecting the property. This disclosure is intended to give buyers important information about the property’s condition before closing.
That said, sellers are not always off the hook once the deal is done and the keys have officially changed hands. They may still be held legally liable for undisclosed material defects under certain circumstances.
First, it is important to understand that not every issue discovered after purchase is legally actionable. Homes naturally develop wear and tear over time, and some problems are only identifiable through specialized inspections. To establish liability, a buyer typically must show that:
The seller had actual knowledge of the specific defect before closing.
The defect materially affects the property’s value or safety.
The seller failed to disclose the issue or actively misrepresented or concealed it.
The defect was not open, obvious or reasonably discoverable during a standard inspection.
When a seller’s failure to disclose known property defects causes financial harm, buyers may pursue compensation for repair costs, diminished property value or other losses related to the defect.
Such cases tend to be complex because they depend on detailed factual records and technical proof. For instance, proving what the seller knew at the time is not always straightforward. Reaching out for experienced legal guidance can help you assess your options and work toward a fair resolution while protecting your rights.]]>On Behalf of Barkan & Robon Ltd.<![CDATA[Can you sell your property if it is subject to eminent domain?]]>https://www.barkan-robon.com/?p=504492026-06-05T10:24:14Z2026-06-05T05:17:30ZTiming may change your options
In most cases, you may legally sell property during the early stages of an eminent domain matter. However, finding a private buyer can be difficult since the government intends to seize the property for public use. Thus, prospective buyers might hesitate because ownership could change again if the government proceeds with the taking.
Much of that uncertainty depends on how far the eminent domain action has progressed. Your options may change at different stages in the eminent domain process:
Before formal proceedings: A private sale is generally legal, but disclosure of the pending acquisition is often important.
During negotiations: The agency typically obtains an appraisal and presents an offer. At this point, most owners focus on discussing compensation rather than marketing the property.
After a condemnation action begins: Selling to a private buyer often becomes much harder because the government has started using the court system to acquire the property.
As the action moves forward, you may need to shift your attention from finding a buyer to addressing the proposed acquisition. Instead of pursuing a private sale, another option could be to focus on negotiating compensation for the property. You may also challenge the taking in court if legal grounds exist.
The law establishes procedures that help guide those efforts. In Ohio, property owners generally receive certain protections before a condemnation case moves forward. An acquiring agency must typically provide advance notice of its intent to acquire the property and present a written purchase offer before filing formal proceedings.
Making informed choices before the next phase
Eminent domain cases often involve more than the transfer of real estate. The amount offered, the project timeline and the status of any court filing can all affect your options.
Since each stage presents different challenges, obtaining legal guidance can provide a clearer picture of the available choices. If a government agency seeks to acquire your property, taking time to know your rights may help you better understand the process and the decisions that may lie ahead.]]>On Behalf of Barkan & Robon Ltd.<![CDATA[How contingencies protect people who are buying homes]]>https://www.barkan-robon.com/?p=504452026-05-31T15:18:57Z2026-05-31T15:18:57ZWhat do contingencies protect?
Sellers who accept offers typically stop marketing their homes. They are at risk of delays and duplicate expenses if a transaction falls apart after they accept an offer. Earnest money can indicate a buyer's sincere intent to purchase the property. It can also help compensate sellers for inconvenience for an unnecessary or frivolous closing cancellation.
Sellers can make a claim against earnest money deposited by the buyer if the buyer cancels the transaction. Real estate contingencies outline specific scenarios when the buyer can cancel without risking their earnest money.
Those who need to sell their homes while purchasing a new house often include sale contingencies. Financing contingencies are common as well, as people never know when they might lose a job and be unable to secure a mortgage. Appraisal and inspection contingencies are also helpful for many buyers.
Discussing a potential purchase with a real estate attorney can help buyers identify potential issues in advance and better ensure that their offers include appropriate contingencies. Custom offer and purchase agreement paperwork drafted with the insight of a real estate attorney can minimize the financial risk associated with purchasing a home.]]>