McGinnis v. Conley

Citations

• 2024 Ohio 482

Syllabus

Even assuming that appellees failed to give timely written notice of their exercise of a real-estate purchase option, that failure did not terminate the parties' option-to-purchase agreement. Appellants breached the agreement by declaring the option terminated and by refusing to sell the property to appellees at the agreed price. Although appellees often paid their rent during a five-day grace period and twice paid after the grace period, appellants never declared the lease void and did not purport to terminate the option-to-purchase agreement on the basis of delinquent payments. Appellants waived any argument about the option-to-purchase agreement lacking consideration by failing to raise the issue at trial. Finally, a defective or missing acknowledgement does not affect the validity of a real-estate transaction in the absence of fraud. Judgment affirmed.