Notes of Decisions
Cited in
32
cases (
13 in the last 5 years), 1984–2026 · leading case:
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
· cites it 64× “1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
Gollihue v. Russo, 789 N.E.2d 1151 (Ohio Ct. App. 2003).
· cites it 9× “The trial court erred as a matter of law in ruling that a three page document identified by the parties as a Real Estate Purchase Contract was a land contract pursuant to R.C. § 5313.02, where a[sic] document did not conform to the minimum statutory requirements.”
Shimko v. Marks, 632 N.E.2d 990 (Ohio Ct. App. 1993).
· cites it 5× “The court further determined that the receipt dated November 17, 1991, and signed by appellee was “insufficient to comply with the requirements of R.C. § 5313.02.” Finally, the court determined that appellee’s *461 action in cashing the three checks tendered to his counsel was…”
Hamilton v. Barth, 2022 Ohio 3451 (Ohio Ct. App. 2022).
· cites it 13× “{¶3} On September 18, 2019, defendants moved for summary judgment on Hamilton’s claims, arguing that the purported contract was unenforceable as it failed to meet the minimum requirements for a land installment contract under R.C. 5313.02. Hamilton opposed summary judgment,…”
Ma v. Gomez, 2023 Ohio 524 (Ohio Ct. App. 2023).
· cites it 2× “Chapter 5313, including the failure to abide by R.C. 5313.02, leading to the negotiation and execution of the purchase agreement.”
In Re Kratz, 96 B.R. 127 (Bankr. S.D. Ohio 1988).
· cites it 4× “02(D) requires that every land installment contract conform to the formalities required by law for the execution of deeds and mortgages, and section 5313.02(C) states that the vendor shall record a copy of the contract within twenty days of its execution.”
Bradford v. B & P Wrecking Co., 872 N.E.2d 331 (Ohio Ct. App. 2007).
· cites it 2× “{¶ 26} Relying on R.C. 5313.02(C), appellant argues that appellee was required to record the land installment contracts within 20 days after they were signed by the vendor and vendee.”
Gingrich v. Otter Fork Equestrian Complex, L.L.C., 2024 Ohio 2775 (Ohio Ct. App. 2024).
· cites it 3× “23 CA 00086 7 {¶ 27} "THE TRIAL COURT ERRORED IN FINDING THAT THE 2021 DOCUMENT WAS A VALID LAND CONTRACT, BECAUSE THE MINIMUM REQUIREMENTS WERE NOT FOLLOWED PURSUANT TO R.C. 5313.02(C)." Standard of Review {¶ 28} Civ.”
In Re Johnson, 75 B.R. 927 (Bankr. N.D. Ohio 1987).
· cites it 2× “R.C. 5313.02(B). The land contract vendor’s interest consists of two parts, a right to payment of a sum of money and an interest in the land which declines in value with each payment.”
Ohio Bar Liab. Ins. Co. v. CCF Dev., L.L.C., 2018 Ohio 3988 (Ohio Ct. App. 2018).
“" R.C. 5313.02(A)(3). The legislature's choice to require land installment contracts to contain "legal descriptions" while only requiring mortgages to contain a "description" can be assumed to have significance.”
Gingerich v. Gingerich, 2025 Ohio 78 (Ohio Ct. App. 2025).
· cites it 3× “No one claims that there is a single document which fulfills all of the requirements set forth in R.C. 5313.02 or the statute of frauds. Although there are multiple documents which can be reviewed as all part of one memorandum, they also do not satisfy all of the statutory…”
Simmons v. Landon (In Re Landon), 37 B.R. 568 (Bankr. N.D. Ohio 1984).
“Pursuant to the provisions of Ohio Revised Code § 5313.02, the contract contained a statement as to encumbrances against the property to be sold.”
— Ohio Rev. Code § 5313.02(A) — 9 cases
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
Ma v. Gomez, 2023 Ohio 524 (Ohio Ct. App. 2023).
“Chapter 5313, including the failure to abide by R.C. 5313.02, leading to the negotiation and execution of the purchase agreement.”
Hamilton v. Barth, 2022 Ohio 3451 (Ohio Ct. App. 2022).
“{¶3} On September 18, 2019, defendants moved for summary judgment on Hamilton’s claims, arguing that the purported contract was unenforceable as it failed to meet the minimum requirements for a land installment contract under R.C. 5313.02. Hamilton opposed summary judgment,…”
Gingerich v. Gingerich, 2025 Ohio 78 (Ohio Ct. App. 2025).
“No one claims that there is a single document which fulfills all of the requirements set forth in R.C. 5313.02 or the statute of frauds. Although there are multiple documents which can be reviewed as all part of one memorandum, they also do not satisfy all of the statutory…”
— Ohio Rev. Code § 5313.02(A)(1) — 1 case
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
— Ohio Rev. Code § 5313.02(A)(10) — 1 case
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
— Ohio Rev. Code § 5313.02(A)(11) — 2 cases
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
— Ohio Rev. Code § 5313.02(A)(12) — 1 case
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
— Ohio Rev. Code § 5313.02(A)(13) — 1 case
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
— Ohio Rev. Code § 5313.02(A)(14) — 1 case
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
— Ohio Rev. Code § 5313.02(A)(15) — 1 case
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
— Ohio Rev. Code § 5313.02(A)(16) — 1 case
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
— Ohio Rev. Code § 5313.02(A)(2) — 2 cases
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
— Ohio Rev. Code § 5313.02(A)(3) — 3 cases
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
Ohio Bar Liab. Ins. Co. v. CCF Dev., L.L.C., 2018 Ohio 3988 (Ohio Ct. App. 2018).
“" R.C. 5313.02(A)(3). The legislature's choice to require land installment contracts to contain "legal descriptions" while only requiring mortgages to contain a "description" can be assumed to have significance.”
— Ohio Rev. Code § 5313.02(A)(4) — 1 case
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
— Ohio Rev. Code § 5313.02(A)(5) — 1 case
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
— Ohio Rev. Code § 5313.02(A)(6) — 1 case
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
— Ohio Rev. Code § 5313.02(A)(7) — 1 case
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
— Ohio Rev. Code § 5313.02(A)(8) — 1 case
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
— Ohio Rev. Code § 5313.02(B) — 3 cases
In Re Johnson, 75 B.R. 927 (Bankr. N.D. Ohio 1987).
“R.C. 5313.02(B). The land contract vendor’s interest consists of two parts, a right to payment of a sum of money and an interest in the land which declines in value with each payment.”
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
— Ohio Rev. Code § 5313.02(C) — 9 cases
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
Bradford v. B & P Wrecking Co., 872 N.E.2d 331 (Ohio Ct. App. 2007).
“{¶ 26} Relying on R.C. 5313.02(C), appellant argues that appellee was required to record the land installment contracts within 20 days after they were signed by the vendor and vendee.”
Gingrich v. Otter Fork Equestrian Complex, L.L.C., 2024 Ohio 2775 (Ohio Ct. App. 2024).
“23 CA 00086 7 {¶ 27} "THE TRIAL COURT ERRORED IN FINDING THAT THE 2021 DOCUMENT WAS A VALID LAND CONTRACT, BECAUSE THE MINIMUM REQUIREMENTS WERE NOT FOLLOWED PURSUANT TO R.C. 5313.02(C)." Standard of Review {¶ 28} Civ.”
In Re Kratz, 96 B.R. 127 (Bankr. S.D. Ohio 1988).
“02(D) requires that every land installment contract conform to the formalities required by law for the execution of deeds and mortgages, and section 5313.02(C) states that the vendor shall record a copy of the contract within twenty days of its execution.”
— Ohio Rev. Code § 5313.02(D) — 6 cases
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“1. The Relevant Statutes {¶18} Chapter 5313 of the Ohio Revised Code includes a number of provisions describing land installment contracts, the requirements relating to land contracts, and the procedures associated with disputes regarding land installment contracts.”
In Re Kratz, 96 B.R. 127 (Bankr. S.D. Ohio 1988).
“02(D) requires that every land installment contract conform to the formalities required by law for the execution of deeds and mortgages, and section 5313.02(C) states that the vendor shall record a copy of the contract within twenty days of its execution.”
Hamilton v. Barth, 2022 Ohio 3451 (Ohio Ct. App. 2022).
“{¶3} On September 18, 2019, defendants moved for summary judgment on Hamilton’s claims, arguing that the purported contract was unenforceable as it failed to meet the minimum requirements for a land installment contract under R.C. 5313.02. Hamilton opposed summary judgment,…”
Gingerich v. Gingerich, 2025 Ohio 78 (Ohio Ct. App. 2025).
“No one claims that there is a single document which fulfills all of the requirements set forth in R.C. 5313.02 or the statute of frauds. Although there are multiple documents which can be reviewed as all part of one memorandum, they also do not satisfy all of the statutory…”
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