Bruce Martin Broyles

Admitted to practice in 1989; Staff attorney for 11th District Court of Appeals, Associate Attorney for three litigation firms from 1992 - 2004, opened my own practice in 2004. Handle a variety of issues in Appellate practice, civil litigation, business disputes, real estate, and actively involved in foreclosure defenses.

• Foreclosure Defense
• Appeals & Appellate
• Business Law
• Construction Law
• Landlord Tenant
• Real Estate Law

• Free Consultation

Ohio

Since 1989

6th Circuit

Since 1996

Ohio State University - Columbus

J.D.

1986 - 1989

Ohio State Bar # 0042562

Member

Current

Q. I've been told that my residence is illegal that I just bought. Now what?

8 February 2019

A: Many zoning laws have been recently enacted or amended within the last twenty years. The second dwelling may be a non-conforming use. A use that was allowed prior to the recent zoning but is no longer allowed. (Many refer to this a "grandfathered"). You may also be able to obtain a zoning variance that would allow an exception to the current zoning ordinance so that the second dwelling would be allowed to be used. The second dwelling may simply not be up to local building codes. Finally, you should look at the language of the purchase agreement. The seller may have warranted that they were not aware of any current violations.

Q. What happens when a cancelled corporation owns real estate ? Corp was cancelled by the state in 2011. Buyer waiting.

9 August 2018

A: The easier course of action would be to simply reinstate the corporation. If it is an Ohio corporation simply visit the Ohio Secretary of State website and find the form to reinstate. They website changes so often no one will be able to guide you directly to the forms, but you should be able to find it.

Q. In a civil case against my husband can they come after assets that are soley in my name and not his, since we married?

6 August 2018

A: No. However, you need to be certain that it is your separate property. Most personal property is not held by a title. Funds in a joint bank account lose their separate identity. In addition, you must be aware of fraudulent transfers as suggested by others on this site.

Q. A septic system is to be replaced in a timely manner, what does timely manner mean?

1 August 2018

A: "Timely manner" most likely has no well defined meaning. You should have an attorney draft this provision to set forth a time period which may or may not be extended due to circumstances beyond the seller's control

Q. If a condominium unit is foreclosed in Ohio, must the mortgage company pay the assessment?

21 July 2018

A: If you are the condo association and the unit has unpaid assessments, you should have filed a lien and the association would be named in the foreclosure action. You can file a lien and bring your own foreclosure action, or you could simply file an action to personally collect the assessment from the current unit owner

Q. Buying parent's house w/ no agnt & bank asked for purchase contract. Do I need to hire real estate lawyer for contract?

21 July 2018

A: Short Answer: Yes, you could purchase your mother's house using an on-line file in the blank purchase agreement. An attorney is rarely needed when things go smoothly and there are no disagreements. However, if an issue comes up or there is a disagreement then you will wish you had used at least one attorney, if not one attorney for each of you. This is especially true if there are other family members who may have an interest or an expected interest in your mother's assets. After your mother passes are there going to be questions raised as to whether she was competent,, unduly influenced, or subjected to duress or coercion? In addition, you may want an attorney to examine the purchase agreement to make certain that your mother is properly protected for any medicaid look back provision if she would have significant medical expenses in the next five years. An attorney should not cost a great deal and the value received may be significant.

Q. I bought a home four months ago and the seller did not disclose that there was serious drainage/flooding. He flipped

10 July 2018

A: There may be an exception to the Seller disclosure statement if the seller did not reside in the house. However, if you can prove that he was aware of the issue then the Seller disclosure statement is not a factor. The key will be the language of the purchase agreement. If you purchased "as is", then the Seller is not required to disclose, but an as is clause does not prevent a claim for fraud. A claim for fraud would exist if he knew and falsely answered an inquiry into the subject. An attorney would need to review your purchase agreement.

Q. Can my landlord deduct “cleaning apartment” and “carpet from my deposit?

3 July 2018

A: You can dispute the charges by filing a small claims complaint. If your landlord is found to have wrongfully withheld your deposit you can recover treble damages and your attorney fees. However, it will be difficult for you to establish the condition of the apartment at the time you vacated unless you photographed the apartment on your way out.

Q. if i take care of vacant lot. for over 7 years.can i claim it as my owen..

25 June 2018

A: UOU ARE ATTEMPTING TO ASSERT A CLAIM OF ADVERSE POSSESSION. In order to successfully assert a claim for adverse possession your possession must be adverse, open , obvious, and continuous for a period of 21 years. Cutting the grass for 10 years is not long enough and probably is not adverse open or obvious to the actual owner. In order to strengthen your position you should write a letter to the owner that you have been using the property as yours and that you intend to use the property as yours, and unless prevented from doing so after 21 years have expired you will be making a claim of ownership