O’Brien Law possesses a wide breadth of experience in real estate from providing general business advice to boards for associations to successfully litigating client cases through appeal. We advise clients and handle cases where property issues constitute the primary matter or arise as a collateral concern. O’Brien Law represents property owners; developers; contractors; landlords; tenants; builders; and condominium/homeowners associations.
Real estate disputes compel vigilant representation with attention to detail. O’Brien Law approaches complex and deceptively simple real estate cases with meticulous care and focus. We guide clients entangled in multiple property contracts. We conduct thorough investigations into chain of title matters. We maintain familiarity with public records and government entities connected to real property. We work on controversies meriting inquiry into zoning laws and possible municipality liability. O’Brien Law renders comprehensive legal services for owners and managers of real estate.
Real Estate Transactions
O’Brien Law supports clients with versatile legal services customized to tender effective solutions for a particular client’s real estate needs. We review purchase agreements and deeds, and we also prepare the same. O’Brien Law completes and files essential forms to transfer property in the appropriate county office. Additionally, we both prosecute and defend cases seeking specific performance of property contracts. O’Brien Law counsels clients in matters germaine to land contracts. When necessary, we pursue partition actions where another party’s alleged use or interest infringes on a client’s ownership interest respecting the same property.
Landlord & Tenant
O’Brien Law works with landlords to support their roles as owners and managers of property. We supply landlords with legal services including, but not limited to: drafting lease agreements; reviewing and revising lease agreements in place; and developing forward-looking rental applications containing provisions intended as preventative measures.
O’Brien Law performs evictions from inception through notice onto legal proceedings to conclusion. To that point, an eviction remains unfinished when a tenant owes the landlord past due damages for destruction to the property, violation of the lease, and/or rent (back rent and/or rent through the remainder of the lease). We take legal action on behalf of landlords to recover damages and attorney fees from evicted tenants.
O’Brien Law represents a diverse collection of clientele engaged in construction. We prosecute and defend construction defect cases implicating builders, developers, and/or insurance companies. We also assist clients with mechanic’s liens stemming from construction disputes.
Title Defects, County Offices, & Other Public Entities of Import
O’Brien Law is well acquainted with county auditor and recorder offices throughout northeastern Ohio. Our proficient research skills, familiarity with public property records, and knowledge of Ohio law enable O’Brien Law to litigate title defect cases with competence and precision.
By completing exhaustive title examinations in countless matters, we quickly discern the existence of blemishes existing in a chain of title. What’s more, O’Brien Law determines the origin of the blight. Then, we identify the party or parties responsible for the blemishes on the title. In close cooperation with clients, we create a legal strategy and take action accordingly. We also handle disputes dealing with housing court violations and zoning.
Representing Condominium and Homeowners Associations
O’Brien Law wields a wide range of expertise representing condominium and homeowners associations. We afford associations general business counsel; written legal opinions; facilitation of annual meetings; and management of elections. Specifically, O’Brien Law ensures association elections are fair, efficient, and compliant with law and governing documents. We also draft amendments, proxies, and ballots.
Our other association services include defending actions involving fair housing, the ohio civil rights commission, and the eeoc; solving property tax issues; providing general business advice and corporate services; and recommending options, risks, and the best course to take for purposes of reserve funding and reserve studies.
Further, O’Brien Law takes care of all an association’s internal governance needs. We review, revise, correct, and update declarations, by-laws, and codes of regulation. We advise boards on potential liability and practical implications of director and officer actions. O’Brien Law examines an association’s current insurance coverage, gives advice accordingly, and points out areas of concern or gaps in coverage. We tailor legal services to conform with Ohio law and governing documents while fostering the needs and goals of the particular association.
In cooperation with associations, we enforce laws, governing documents, and association policies. To do so, O’Brien Law relies on streamlined methods. For example, we process collections for unpaid association dues by sending demand letters, implementing liens, and foreclosing properties. O’Brien Law also counsels associations on enforcement assessments and hearings. When appropriate, we evict derelict owners or tenants.
Conversely, O’Brien Law also represents residents in disputes stemming from an association and/or board’s damaging misconduct. For instance, we file complaints on behalf of residents damaged by a board’s abandonment of fiduciary duties and an association’s dereliction of contractual duties.