Legal Question in Real Estate Law in Ohio

My friend and I are about to embark on our first Real Estate investment purchase of a single family home for a rental business. Our question is should be create a LLC and make the purchase or make the purchas under our names only?

Thanks in advance.

Mike Kirwin and Karin Morrma.


Asked on 12/12/11, 12:35 pm

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Dear Ad-venturers: I strongly urge you do NOT purchase in your individual names, since you are opening yourselves to potential liability and lawsuits, even by trespassers who may claim injury on the property. Instead, consider the formation of an LLC and take title in the name of the LLC. Do NOT sign for anything personally, and arrange for services of utilities - electric, gas, water and sewer, in the name of the new LLC. In some cases, these utilities may require some personal guarantees or advance deposits.

Above all, be exterrmely careful in considering the purchase of real property in which the Offer and Acceptance contain the "AS IS:" clause or words, since these are words of legal avoidance and escape by the seller, whether an individual or an entity.

I urge you retain an experienced Attorney to assist you, and to protect your investments. It will also permit you to skleep more soundly each night!

Good luck. sincerely, J. Norman Stark, Cleveland, OH.

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Answered on 12/13/11, 4:52 am


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