We are in the process of buying some property in Washington county Ohio we agreed to buy 26.331 acres for 40,000.00 dollars both parties agreed the property would be sold as is we have paid 2,000.00 dollars good faith money so far on this property last week the party who is selling her interest in this property had her son and son in law bust the glass in the back door to go into farm house and remove unknown property from farm house that she had stored in the farm house years ago my question is if she agreed to sell her interest in this property as is did she have the right to have someone break into this property and remove items from this farm house to me this sounds like a case of breaking and entering would like to know what are our
rights in this matter
Sincerely David Stanley
1 Answer from Attorneys
Dear Buyers: Your concerns are understandable and appreciated. However, until the transfer of title is actually recorded, the Seller retains the right to enter into the property and to remove any personal property NOT ACTUALLY ATTACHED TO THE REALTY. You have no basis to bring any criminal charge of "Breaking and Entering" against the Seller, unless there is a clear violation of law.
Ask yourselves, what of value is missing from the property, that affects the "AS IS" purchase? If you feel you have claims, contact and retain an experienced Attorney to assist and advise you.
Good luck and God Bless...
J. Norman Stark
"WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE"
J. NORMAN STARK, ATTORNEY*
ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.
1109 Carnegie Avenue Cleveland, Ohio 44115
(216) 531-5310 x7100 Cel: (216) 310-7100
Email: [email protected]
*Author: The Construction Claims Investigation Worklist®