Key Takeaways

  • Ohio real estate contracts must meet standard contract requirements plus state-specific provisions
  • Earnest money must be deposited into a trust account within 2 business days of acceptance
  • Ohio contracts typically include contingencies for financing, inspection, and appraisal
  • The Statute of Frauds requires all real estate contracts to be in writing to be enforceable
  • Time is of the essence clauses make all deadlines strictly enforceable
Last updated: January 2026

Ohio Purchase Contracts and Agreements

Important: This content covers Ohio-specific contract law. You should complete the National Real Estate Exam Prep first, as general contract principles are tested on the national portion.

Standard Contract Requirements

For a valid Ohio real estate contract:

RequirementDescription
Competent PartiesLegal age (18+) and mental capacity
Offer and AcceptanceMeeting of the minds
Legal PurposeTransaction must be lawful
ConsiderationSomething of value exchanged
Written FormStatute of Frauds requirement
Legal DescriptionProperty must be identifiable

Ohio Statute of Frauds

Ohio's Statute of Frauds (ORC 1335.05) requires real estate contracts to be:

  • In writing
  • Signed by the party to be charged
  • Contains essential terms

Exam Tip: Verbal real estate contracts are NOT enforceable in Ohio due to the Statute of Frauds.

Contract Formation

Offer and Acceptance

StageDescription
OfferBuyer proposes terms
Counter-OfferRejection and new proposal
AcceptanceUnconditional agreement to all terms
Binding ContractWhen acceptance is communicated

When Contract Becomes Binding

An Ohio purchase contract becomes binding when:

  1. All parties have signed
  2. Acceptance is communicated
  3. Delivery of acceptance completed

Earnest Money Requirements

Deposit Timing

Ohio requires earnest money to be deposited into a trust account within 2 business days of contract acceptance.

RequirementDetail
Deposit Deadline2 business days after acceptance
Account TypeBroker's trust account
AmountNegotiable between parties
PurposeShows buyer's good faith

Handling Earnest Money

ActionRule
DepositingWithin 2 business days
HoldingIn trust account until closing or termination
DisbursementOnly per contract terms or agreement
DisputesHold until resolved or interpleader filed

Standard Contract Provisions

Time is of the Essence

Most Ohio contracts include this clause:

  • All deadlines are strictly enforceable
  • Missing a deadline may constitute breach
  • Extensions must be in writing

Common Contingencies

ContingencyPurpose
FinancingBuyer must obtain loan approval
InspectionBuyer may inspect property
AppraisalProperty must appraise at purchase price
Sale of Buyer's PropertyBuyer must sell existing home
Attorney ReviewLegal review of contract

Inspection Contingency

The inspection contingency allows:

  • Professional inspection of property
  • Negotiation of repairs
  • Termination for significant defects
  • Credit in lieu of repairs

Financing Contingency

Protects buyer if:

  • Loan application denied
  • Interest rate exceeds specified amount
  • Appraisal below purchase price

Contract Amendments

Changes to the contract require:

Change TypeMethod
Before acceptanceCounter-offer
After binding contractWritten amendment
Price changesAmendment signed by all
Deadline extensionsAmendment signed by all
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Ohio Purchase Contract Timeline
Test Your Knowledge

Within how many business days must earnest money be deposited in Ohio?

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Test Your Knowledge

What does "time is of the essence" mean in an Ohio real estate contract?

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