In Ashmus v. Coughlin, 2025-Ohio-2412, the Ohio Supreme Court provided important guidance on the scope of a seller's disclosure obligations under Ohio Revised Code 5302.30, particularly when it comes to “material defects” in residential real estate transactions. The...
Real Estate
Part One: One Big Beautiful Bill Act – Impact on Real Estate Developers & Investors
This article is Part One of a multi-part analysis by KJK that will continue to summarize the OBBBA’s implications on various taxpayers and industries. Signed into law on July 4, 2025, the One Big Beautiful Bill Act (“OBBBA”) delivers sweeping federal policy changes...
Navigating Interest Income in 1031 Exchanges: Strategic Considerations for Tax Deferral
As investors increasingly leverage Section 1031 exchanges to defer capital gains taxes, nuanced scenarios involving interest income on exchange proceeds require careful analysis. A critical but often overlooked aspect arises when interest earned on funds held by a...
Ohio Court Holds Non-Disclosure of Sewer Assessment Fraudulent in Real Estate Sale
A recent Eleventh District Ohio Court of Appeals decision (Bockelman v. Griffin) reminds us that: 1) fraudulent concealment/non-disclosure is an exception to the general real estate principle of “Caveat Emptor” (Let the Buyer Beware); and 2) the Ohio Residential...
Combining Membership Interest Purchase Agreements & 1031 Exchanges to Maximize Tax Efficiency in Real Estate Deals
The intersection of real estate transactions and tax strategy has long been a focal point for investors seeking to optimize returns while minimizing liabilities. Two powerful tools in this arena – the Membership Interest Purchase Agreement (MIPA) and Section 1031...
Ohio Senate Bill 56 Proposes Changes to Recreational Marijuana Rules
Just as your home (vs your entire property) in Ohio is your "castle" in terms of being able to stand your ground and defend yourself/family against an intruder, the Ohio Senate in SB 56 has recently voted to amend Ohio’s recreational marijuana statute (Ohio Revised...
Ohio Court Case Highlights the Importance of Clarity in Real Estate Agreements
A recent Ohio Court of Appeals decision highlights the importance of clear, precise and complete language in residential as well as commercial leases (and other real estate documents). The General Rule: Judicial Deference to Language Within the “Four Corners” of...
Balancing Compliance and Property Rights in the Cleveland Housing Court
Overview In the recent appellate case Cleveland v. City Redevelopment, L.L.C., 2024-Ohio-5213, the Eighth District Court of Appeals addressed the boundaries of community-control sanctions imposed by the Cleveland Municipal Housing Court. The case underscores critical...
Another Step in Cleveland’s Lakefront Revitalization
Cleveland City Council recently commenced the process to create a new nonprofit development agency, known as a New Community Authority (NCA), to administer land and community facility acquisition and development, as well as related services for its downtown lakefront...
Ohio Court Upholds Acceleration and Non-Mitigation Clauses in Commercial Lease Dispute
A recent Ohio Court of Appeals decision highlighted the importance of strong lease terms in commercial leases. The Commercial Lease Dispute The case, Scott Holding Co., Inc. v. Turbo Restaurants US, LLC, involved a commercial lease dispute concerning an Arby’s...