Need advice, Permanent Injunction by City of Columbus

Need advice, Permanent Injunction by City of Columbus

Chris BrownPro Member
Rental Property Investor · Dublin, OH · Member since 2017 · 9 posts · 4 votes

This is my first post so I’ll try to keep it as succinct as possible. 

We’re in contract to purchase a 4-unit in Columbus, OH. About 2 weeks after our offer was accepted, my bank called and notified me that they discovered a permanent injunction against this property. I came to find out that an undercover police officer purchased narcotics in one of the four units. The injunction was not disclosed by the sellers prior to my offer. This permanent injunction requires the owner of the property to comply with 5 ongoing requirements.

  • 1) Security cameras and lights had to be installed and maintained
  • 2) A lease specified in the injunction must be used moving forward
  • 3) Owner shall not rent to anyone with a felony
  • 4) If another drug but occurs then the property will be boarded up for 6 months
  • 5) All leases must be submitted to the City if requested

Since the discovery of the injunction, my stance has been that I will not complete the purchase unless the seller is able to successfully petition the city to have the injunction lifted. The seller initially tried to explain it away but then agreed to have their attorney petition the city to have the injunction lifted. Apparently, the city verbally agreed after a month. When it came time for the judge to sign the document, the judge declined citing that the city would have no recourse if the injunction was lifted and then the purchase fell apart and these sellers held onto the property.

Any suggestions? And does anyone have a referral for a real estate attorney in Columbus? Currently, the seller’s attorney suggested putting together a “Letter of Intent” stating the city would agree to drop the injunction upon the sale of this property to us. I'm trying to figure out how bad the downside could be.

A few further details to add some context. This property is in a low-income area but on a reasonably safe, heavily travelled street off I-70. For those of you familiar with Columbus, it’s in the Hilltop near Westgate. This property was listed originally in August and we lost to another offer. The sellers claim they fell out of contract with the first buyer due to the buyer losing his job unexpectedly. We’re in contract for under $170K and has the potential to cash-flow very well. There was not any manufacturing of drugs, only distribution.

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Chris SeveneyBusiness Member
Moderator
Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
8y
Why would you want the property ? While numbers on paper look good these properties are typically more of a headache than anything else
7e investments53 Reviews
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  • Rockledge, FL · Member since 2016 · 493 posts · 427 votes
    8y

    Chris, 

    Just a thought, can you make the revocation subject to your actually closing the deal? Something along the lines of if the title is transferred,  the injunction is lifted.

    Good luck, 

    Jim 

  • Rental Property Investor · Columbus, OH · Member since 2017 · 13 posts · 4 votes
    8y
    Originally posted by @Chris Brown:

    This is my first post so I’ll try to keep it as succinct as possible. 

    We’re in contract to purchase a 4-unit in Columbus, OH. About 2 weeks after our offer was accepted, my bank called and notified me that they discovered a permanent injunction against this property. I came to find out that an undercover police officer purchased narcotics in one of the four units. The injunction was not disclosed by the sellers prior to my offer. This permanent injunction requires the owner of the property to comply with 5 ongoing requirements.

    • 1) Security cameras and lights had to be installed and maintained
    • 2) A lease specified in the injunction must be used moving forward
    • 3) Owner shall not rent to anyone with a felony
    • 4) If another drug but occurs then the property will be boarded up for 6 months
    • 5) All leases must be submitted to the City if requested

    Since the discovery of the injunction, my stance has been that I will not complete the purchase unless the seller is able to successfully petition the city to have the injunction lifted. The seller initially tried to explain it away but then agreed to have their attorney petition the city to have the injunction lifted. Apparently, the city verbally agreed after a month. When it came time for the judge to sign the document, the judge declined citing that the city would have no recourse if the injunction was lifted and then the purchase fell apart and these sellers held onto the property.

    Any suggestions? And does anyone have a referral for a real estate attorney in Columbus? Currently, the seller’s attorney suggested putting together a “Letter of Intent” stating the city would agree to drop the injunction upon the sale of this property to us. I'm trying to figure out how bad the downside could be.

    A few further details to add some context. This property is in a low-income area but on a reasonably safe, heavily travelled street off I-70. For those of you familiar with Columbus, it’s in the Hilltop near Westgate. This property was listed originally in August and we lost to another offer. The sellers claim they fell out of contract with the first buyer due to the buyer losing his job unexpectedly. We’re in contract for under $170K and has the potential to cash-flow very well. There was not any manufacturing of drugs, only distribution.

    @Steven J. Umaña is an Attorney in Columbus that specializes in Real Estate. If he can't help you, maybe he can at least point you in the right direction. Good luck! 

  • Attorney · Columbus, OH · Member since 2015 · 95 posts · 60 votes
    8y

    @Chris Brown please message me your email address and I can schedule a time to talk with you about this issue tomorrow. 

    Thanks, Steve Umaña

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    8y
    Why would you want the property ? While numbers on paper look good these properties are typically more of a headache than anything else
    7e investments53 Reviews
  • Chris BrownPro Member
    OP
    Rental Property Investor · Dublin, OH · Member since 2017 · 9 posts · 4 votes
    8y

    @Travis H. Thanks for the recommendation.

    @Steven J. Umaña Message sent.

    @Chris Seveney I think that it's currently not being managed well. I also forgot to mention that the sellers are older. From everything I've gathered, they haven't screen tenants well at all prior to the injunction. They also rely a lot on a handyman to take care of the property which doesn't appear to have worked out either. Rents are below market and each unit has it's own 1 car garage which isn't common for the area. It'll be a project and I know one set of tenants need to go but I think it could be a home run with proper management. I'll have help with all the work.

    @James C. I'm not sure but thanks for the suggestion. I'll try to explore this with @Steven J. Umaña

  • Investor · Tracy, CA · Member since 2015 · 58 posts · 13 votes
    8y

    You may be able to manage the property better, but can you really control if a tenant chooses to sell drugs from their unit? And could you afford to have it boarded up for six months? I'm no lawyer, and this isn't legal advice, but this discovery seems like cause to back out to me. 

  • Chris BrownPro Member
    OP
    Rental Property Investor · Dublin, OH · Member since 2017 · 9 posts · 4 votes
    8y

    @Nolan O. I'm attempting to find a way to structure this purchase which they will agree to lift the injunction upon the transfer of the property to me. I cannot afford to have the property boarded up for six months which is why I'm adamant that I will not complete the purchase without a resolution in place. I believe the sellers are not trustworthy and clearly are not on the city's good-side which is why they're not getting any leniency in this matter. There has to be a win-win-win situation that I'm trying to uncover 

  • Property Manager · Dublin, OH · Member since 2013 · 66 posts · 10 votes
    8y
    We used an attorney named Adam Todd to deal with a similar situation on a multi family in hilltop area in September. He did a great job and thought of many things that we would not have. If you want his info please PM me.
  • Chris BrownPro Member
    OP
    Rental Property Investor · Dublin, OH · Member since 2017 · 9 posts · 4 votes
    8y

    So here's a follow up on how all this played out. The seller's attorney was working with a 2nd title agency to do the majority of the heavy lifting by petitioning the city to remove the injunction. The city ran a background check on us to make sure we didn't have a troublesome past. The city attorney provided our title companies a letter stating that they would petition the court to remove the injunction upon the transfer of the title. It's a week after closing and I'm still trying to follow through with the city to make sure this is resolved. 

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