real estate

James Vargo and Jerry Kaltenbach announce new law practice.

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KV Law Full Size jpgWith nearly 30 years of combined experience practicing in large and in mid-size law firms, and after embarking on successful careers as sole practitioners, Jerry Kaltenbach and James Vargo have teamed up to bring you Kaltenbach Vargo, LLC.

Kaltenbach Vargo, LLC, was founded on the principal of delivering top quality legal services in a more economic manner.  We do this through our efficiency and our ability to utilize technology in almost all aspects of our practice.

While our primary focus will continue to be business litigation, we can assist you or your business in many other areas, including business formation, employee and vendor agreements, and various other contractual matters.

We also leverage our extensive experience in fee disputes, consumer complaints, commercial and residential real estate matters, and ethical matters before the Ohio Division of Real Estate and Professional Licensing, as well as local Boards of Realtors and associations, to assist agents and brokers seeking representation on any of these matters.

In addition, we are strong advocates for consumers, protecting their rights through the Ohio Consumer Sales Practices Act and various federal laws, and by representing those who were injured by a defective product or who suffered a significant personal injury due to the negligence of another.

If we can assist you or your business in any of these matters, please feel free to contact us for a free consultation.

Future of Home Sales in Central Ohio Looking Bright

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The Columbus Board of Realtors released the following article yesterday suggesting the continued bright future for a housing market comeback in Central Ohio.  As most of our readers know, a good portion of our law practice is spent representing real estate brokers, agents, and their clients in transactions, disputes, with complaints, and in litigation.  A good attorney is both easy and important to find!  Here’s the CBR article:

November marks the fifth consecutive month of increased home sales in central Ohio this year after the first half of the year struggled to keep up with increased sales from 2010 due to the home buyer tax credits.  According to the Columbus Board of REALTORS®, 1,406 homes sold in November which is seven percent more than the previous year.

Additionally, the number of residential homes scheduled to close was up over 37 percent, from 1,341 last year to 1,843 last month (November 2011).

“We’re finding that sellers recognize the challenges of today’s market and are realistically pricing their homes to sell,” says Rick Benjamin, 2011 President of the Columbus Board of REALTORS®. “Buyers are responding well to the pricing and, of course, the record low interest rates. It’s still a great time to buy a home.”

Homes in central Ohio this year have sold for an average of $157,032, down 2.5 percent from the average sale price in 2010, but up over five percent from the average sale price in the first quarter of 2011. The average price of a home sold in November was $153,673, up 3.1 percent from the previous month ($149,082).

The number of homes listed for sale last month (1,949) is 20 percent less than listings added to the market in November 2010 (2,439). The total inventory of homes available for sale in central Ohio was 12,675 at the end of November, which is down 27.5 percent from one year ago.

As a result, the month’s supply, a measure of inventory that estimates how many months it would take to sell the entire home inventory, fell 28.5 percent to 7.4, down from 10.3 last year.

“A healthy months supply for our market would be around 6.5. So the decrease in inventory is a positive sign of market recovery,” adds Benjamin. “Plus, based on the concept of supply and demand, when we  have too many homes on the market, homes are more likely to sell for
less.”

We love hearing positive news about the return of the housing market in Central Ohio and across the state.  Kaltenbach Law, LLC is cheering for an even better 2012!

Foreclosure filings, lawyers ordered to cross T’s, dot I’s.

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Receiving foreclosure notices and cannot afford an attorney? Contact the Save the Dream Ohio Foreclosure Prevention Effort: 888-404-4674

I read John Futty‘s article in The Dispatch this morning about the Order of three Franklin County judges requiring lawyers to verify that all of the documents in residential foreclosure actions are valid.  This comes in response to a national outcry over fraudulent foreclosure filings.  Futty writes: “Six of the lawyers affected by the order are fighting back. They have asked the Ohio Supreme Court to prohibit the judges from requiring them to sign “certifications” on behalf of their clients.”

Common Pleas Judges John F. Bender, Kimberly Cocroft and Guy Reece have issued this Order and are the subject of the suit.  Apparently, Judges Laurel Beatty and David Fais were ready to issue the same Order, but are waiting to see the outcome of the suit.

Cleveland attorney John C. Greiner is representing the six lawyers that filed the lawsuit that, according to Futty’s article, claims the Order will require them to divulge confidential attorney-client privileged information.

What I find interesting is that a Cleveland lawyer, Greiner, is bringing this suit when his home County of Cuyahoga has required foreclosing attorneys to sign a “Certificate of Readiness” since at least 2004.

And, really, what’s the problem with the Certificate of Readiness?  I’m not sure what the Franklin County Judges are ordering, but I imagine it is something similar to Cuyahoga County’s Certificate of Readiness.  If it is, no privileged information is sought and, instead, it is more like having to turn in your High School algebra homework where you have to “show you work” – proving that you applied the correct equations to reach your answer.

If you haven’t gathered this already, I have not read the Franklin County Judge’s Order.  This post is simply a reacton to John Futty’s article from the perspective of a lawyer who knows this system well.

At the end of the day, there are two lessons to be learned.  (1)  Lawyers should check their work and the current economic climate and “factory produced foreclosures” give credence to the Order and, (2) Administrative Judge Charles C. Schneider is right that the Order is redundant because Civil Rule 11 already requires lawyers to check their work.  The fact that the two lessons oppose one another begs the question: if all foreclosure attorneys are checking their work, then why does Cuyahoga County have the Certificate of Readiness and why are Franklin County Judges creating their own Orders on this topic?

You can read John Futty’s article, here, and you can consider whether the foreclosure process is spinning out of control.

JK-Q&A: Do I have to trim my tree because my neighbor says so?

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A friend contacted me with this question:

What was that? Ahh, just the panic alarm on the new caddy. I'm sure it's fine.

I have a weeping willow in my back yard and some of the branches hang over my neighbor’s fence, and he told my wife yesterday that we need to pay someone to trim the tree to prevent the braches from falling in his yard and supposedly killing his grass. My question is, do I by law have to trim the tree at my expense?

The short answer is NO.  In this situation, my friend is not legally obligated to trim his tree.  But, it is important to know some of the consequences of doing nothing.

1.  The neighbor has a right to protect and enjoy his own property.  At the same time, the neighbor has no right to encroach on my friend’s property.  Section I, Article I of the Ohio Constitution provides that : “All men are, by nature free and independent and have certain inalienable rights, [including] acquiring, possessing and protecting property…” This Article (and ample Ohio case law), provides that the neighbor may undertake reasonable  steps to protect his property or exclude others from its use and enjoyment.

What does that mean?  The neighbor might grab a pruner and go to town trimming the tree himself!  But, he needs to be cautious.  The neighbor is only within his rights to trim the branches that physically extend onto his property and the neighbor cannot kill or cripple the tree.  A neighbor exercising reasonable care and only cutting back the branches that cross onto his property is probably safe.   My friend may be left with a lopsided tree, but he didn’t have to do the work or pay anyone.

If the neighbor cuts a branch (or even a part of a branch) that is over my friend’s property, the neighbor may be guilty of a fourth degree misdemeanor pursuant to Ohio Revised Code 901.51 and 901.99, and would owe my friend double the amount of damages in a civil claim, such as the replacement cost of the tree x2. Continue reading →

You Must Buy My House, But Don’t Have to Paint My Fence: Specific Performance

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Contracts, contracts, contracts.  We all have a basic understanding of what a contract is: it’s an agreement to do something in exchange for something else.  The fundamental elements of a contract are:

Hey, Huck, how about you paint this fence?

Offer: I’ll pay you $50.00 to paint my fence.

Acceptance: Ok, it’s a deal.

Consideration: $50.00 paid to the painter.

Performance: The fence gets painted.

Now what happens if you pay the $50.00 and the painter runs off with it?  You can sue the painter for breaching the contract.  Have a look at my post on small claims court practice for information on how to do this.

Let’s say you sue and you win.  What is your remedy?  Can you get the $50.00 back?  Absolutely.  Can you force the painter to paint the fence (a remedy known as specific performance)?  No.  Ohio law is pretty clear that specific performance for a contract for personal services is not an available remedy.  The reasoning behind this is the “mischief” that could result by forcing a party to perform a service after breaching a contract. Continue reading →

JK-Q&A: Landlord’s letting the place go! Can I get out?

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I know I have 8 months left, but can I have one of these?

People seem to ask this question a lot and it often sounds like this: I’ve told my landlord several times that the kitchen sink is leaking, the cabinet doors are falling off, and my toilet starts making these crazy noises in the middle of the night and not because it’s in use.  He hasn’t done anything!  At best, he says “I’ll get to it,” but most of the time, he just ignores me.  I would love to move out of here, but I have 8 months left on my lease.  Can I get out with a clean break?

The Ohio Landlord-Tenant Act, Revised Code Chapter 5321, provides several statutory duties for a residential lease relationship that both the landlord and the tenant must follow. A proper Lease Agreement should spell out most of the duties and will be your “instruction manual” on how you can get relief. Some terms that may not appear in the Lease Agreement are nevertheless enforceable as they appear in the Revised Code.

For instance, the Landlord has a duty under the Act to keep the premises in a fit and habitable condition, including making repairs in a timely fashion. Most leases specifically spell out this duty by the Landlord. If you have notified your Landlord (notice in writing is always recommended and certified mail is not a bad idea either) that you need repairs in the unit and the Landlord fails or refuses to respond or make repairs, it is possible for a tenant to terminate the Lease Agreement without any further liability for the rent on the remainder of the Lease term.

It is not advisable to proceed on any course of action without referring to the Lease first or to follow a lawyer’s answer if that lawyer has not reviewed your lease agreement…(including this lawyer!). My best advice would be to read your Lease carefully and, if you are still not sure how best to proceed, to contact a lawyer and ask him or her to review your Lease Agreement.

Posted by Jerry