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. My client never signed our contract, would they be held to the terms of it?

14 October 2019

A: The absence of an executed contract will make it more difficult to collect the full value of the contract but it, by itself, does not render the contract unenforceable. I must assume that you were unaware of the items that were taken before the sale began. Taking items would constitute a material breach of the contract excusing the the performance of the remainder of the contract. I believe that you are entitled to retain from the sales proceeds that portion of the proceeds that the contract states. However, I do not believe that you are entitled to other damages. When the items were missing you cancelled the balance of the contract. Your other losses would have been mitigated had you performed the balance of the contract and sued for the breach. Since you cancelled the contract those other damages are probably not available.

Q. I'm having a new house being built by Schumacher. the driveway & sidewalk cracked a few days. they want fix it.

6 October 2019

A: Some cracking in the driveway and sidewalks occur, but it seems odd that it would occur so soon in your concrete. If you still have funds left to pay, I would have the driveway and sidewalk inspected before making any further payment. Make sure you use a reputable expert in concrete issues, not just someone who wants to get a juob replacing your concrete. There are a number of issues that cause cracking. Some can be controlled and some cannot. If anything, I would not be pleased with how your contractor is handling the issue and would want to make sure it is not a sign of a structural integrity of the driveway or sidewalf before moving forward.

Q. My landlord has left a car on my property after repeatedly saying hed move it (in writing). Can i take ownership of it?

24 September 2019

A: No. You can write a letter; make a copy of it; send it by certified mail or hand deliver it. The letter should state that the issue with the car, give your landlord 30 days to move the car, and if the car is not moved you will begin to escrow your rent. In thirty days, take a copy of the letter to your local municipal court and establish a rent escrow account. Pay your monthly rent into the escrow account. Eventually the Landlord will move the car and ask for the rent to be delivered to him. At that time you can ask the court to abate a portion of your rent as a result of the car issue.

Q. can HOA ban a fence unless you have an in-ground pool if there are many houses with fences and no pool

11 September 2019

A: A Home Owners Association is governed by Ohio Revised Code Chapter 5312. The Association should have a declaration and by-laws; have regular meetings and elections. The Association must also have guidelines for the use of fences. The guidelines have to be detailed enough as to not be enforced in an arbitrary manner. It should as though these guidelines have not been consistently enforced. I would retain counsel, request the declarations, by-laws and any guidelines regarding the restrictive covenants of the real property. I would then request the authority upon which they Homeowners Association relied to ban the construction of a fence. Afterwards a complaint for declaratory judgment and mandatory injunctive relief would be prepared requesting your reasonable attorney fees and costs. The complaint should be presented to the governing body of the Association, with the request to have your fence issue reconsidered before suit is filed.

Q. I lived with my fiance for 12 yrs. and he passed away on May 31. His house is in mortgage and they want their money.

29 August 2019

A: The attorney handling the Estate should contact the mortgage company. The heirs and beneficiaries take the home subject to the mortgage and are allowed to assume the mortgage by continuing to make payments. Once the "family's attorney" transfers the house to you by way of a certificate of transfer, you should be able to request a loan modification if necessary. In fact, you may be able to request the loan modification application now even before you are issued title. Hopefully, your fiance' had a will by which he left the real property to you, as well as, named you as a beneficiary on his opers benefits. Otherwise yo may be treated as a stranger

Q. I was presented with an offer on my property, I countered and the buyers realtor is not relaying anything to my realtor

29 August 2019

A: I believe your counter offer effectively rejected the original offer. Your counteroffer remains open until the deadline you set passes, or you withdraw your counteroffer.

Q. Developer hasn't conveyed common area. Retention pond walls are becoming weak & need repair Who pays? Developer or Assoc

27 August 2019

A: In discussing common areas you are either discussing a condominium or a home owners association. Either way the answer is most likely found in the declarations. Most likely, the association will be responsible, but the developer still owns a large number of units.

Q. My condo asstn. has been misappropriating funds & or ignoring request for audit info for years. Do I have any recourse?

16 August 2019

A: The articles of incorporation are often cancelled for failure to pay annual fees. The corporation can have the articles reinstated and ratify the conduct by a shareholder's meeting. As a shareholder, I believe that every owner is a member of the association, you are entitled to receive the records and financial records of the corporation. If they fail to deliver you can recover $100.00 for the first day and $10 per day until compliance. R.C. 1701.37 states: (C) Any shareholder of the corporation, upon written demand stating the specific purpose thereof, shall have the right to examine in person or by agent or attorney at any reasonable time and for any reasonable and proper purpose, the articles of the corporation, its regulations, its books and records of account, minutes, and records of shareholders aforesaid, and voting trust agreements, if any, on file with the corporation, and to make copies or extracts thereof. Any written demand by an acquiring person to examine the records of shareholders for the purpose of communicating with shareholders of the issuing public corporation in connection with a meeting of shareholders called pursuant to section 1701.831 of the Revised Code shall be deemed to have been made by a shareholder of the issuing public corporation for a reasonable and proper purpose. R.C. 1701.38 States: (C) Upon request of any shareholder made in writing or by any other means of communication authorized by the corporation prior to the date of the meeting described in division (A) of this section, the corporation shall send a copy of the financial statements laid or to be laid before the shareholders at the meeting to the shareholder by mail, ***. R.C. 1701.94 states: (B) If any officer charged with one of the duties specified in division (A) of this section fails to perform such duty after written request by any shareholder, the officer shall be subject to a forfeiture of one hundred dollars, and to the further forfeiture of ten dollars for every day that such default continues, beginning in cases under paragraphs (1), (2), (3), and (4) of division (A) on the same respective days as are provided for in division (A), which amount shall be paid to each shareholder making such request. The right of each shareholder to enforce any such forfeiture is in addition to all other remedies.

Q. If a neighbor did major work next to your property line to run storm water pipes on to your property should you be told

15 August 2019

A: Your neighbor cannot alter the course of the natural flow of water onto your property. The permits and zoning do not determine whether he has a right to adversely effect your property. You have rights that should be enforced through a complaint for trespass and request for mandatory injunctive relief.