Recent News

January 19, 2007

Home builders in hot water

You purchase a lot to build your dream home. You contract with a builder to construct your house on the lot. The builder suffers financial problems and reneges on the deal. What are you to do?

This scenario is more common that you would like to think. These and other situations involving home builders has prompted the topic “Home Builders in Hot Water” to be presented for the Real Property Law Institute on Thursday, Feb. 1 and Friday, Feb. 2 titled. The section will feature Bruce H. Burkholder, Wiles Boyle Burkholder & Bringardner; David Yost, Delaware County Prosecuting Attorney; and David M. Dembinski, Senior Assistant Attorney General for the Consumer Protection section.

 “At present there are no statewide licensing requirements to become a ‘home builder’” said Burkholder. “For builders there are no educational requirements, experience or financial thresholds. Anyone with a cell phone and pick up truck can call himself a home builder.’ The result is about once a year a home builder gets in trouble and leaves a group of anxious home-owners-to-be in a horrible situation - houses half done, subcontractors not paid, and warranties gone.”

What are the signs that this may happen or even be a happening? What are the precautions that can be undertaken up front that may help if a homeowner finds himself in this type of a mess? What laws are applicable to assist when it happens? These and other questions will be addressed at the 2007 Real Property Institute.

The session will be helpful for attorneys who may represent either builders or consumers who are dealing with builders. They will discuss how home builders get into trouble; distinguishing the boundaries between criminal, civil, and consumer protection; the jurisdiction of the Consumer Sales Practices Act as it relates to home construction; applicable provisions of the Consumer Sales Practices Act and its substantive rules; and possible remedies available through the Ohio Attorney General or private action.

In addition, the Real Property Law Institute for 2007 features topics on what you need to know about foreclosure in Ohio, the number one foreclosure state in the nation; discussion of the future development of U. S. 33 Dublin-Marysville corridor; what the new predatory lending law contained in Senate Bill 185 will mean to borrowers and lenders; the new ALTA title insurance policy forms; the impact of House Bill 135 on condominium boards; how real estate is handled in divorce; and an update on residential real estate.

The institute offers 10.0 hours of CLE credit which also includes 1.0 ethics, 1.0 professionalism, and 0.5 substance abuse. Ohio Title Insurance Agent and Real Estate Licensee Continuing Education credit has been applied for and is pending. Business, Commercial & Industrial Real Property and Residential Real Property Law Specialist Certification credit has also been granted.

Lunch will be provided with pre-registration only for Thursday, February 1 courtesy of Title First Agency, Inc. and LandAmerica Commercial Services.

The seminar registration fee for both days is $225 prepaid/$250 day of for members or $275 prepaid/$300 day of for non-members. Thursday only is $195 prepaid/$205 day of for members or $235 prepaid/$245 day of for non-members. Friday only prices are $85 prepaid/$95 day of for members and $125 prepaid/$135 day of for non-members. This popular program usually sells out, so reserve your space early!