Build On This!

In Cook v. Wilson (2006), 165 Ohio App. 3d 202, the Tenth District Court of Appeals found that the buyer of real property had no claim against the seller after the buyer had accepted the deed to the property. Citing the well-established doctrine of merger, the Court held that the buyer's claims for breach of the purchase contract did not survive the acceptance of the deed. While the doctrine of merger is an ancient one, this case serves as a reminder that it can still alter purchase agreements in ways the parties may not have intended. Special care must be taken if the terms of a real estate purchase agreement are meant to survive beyond the transfer of the deed.

In Circelli v. Keenan Constr. (10th Dist. 2006), 165 Ohio App. 3d 494, Truberry Group was hired to construct a new home for Harold McClune. Truberry served as the general contractor and subcontracted with Keenan Construction to build the frame of the house and with Frank Circelli to install the plumbing. As part of its responsibilities, Keenan installed a temporary prefabricated staircase from the first floor of the home to the basement. The staircase collapsed as Circelli and McClune were descending, and Circelli sustained physical injuries from the twelve-foot fall.