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Ziad Tayeh Demand Letter to AJ Dinardo - 656 E 126th St, Cleveland, OH 44108.pdf

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August 4, 2023 Armand DiNardo 656 East 126th LTD Via Email: Re: 656 East 126th Street, Cleveland, OH 44108 Dear Mr. DiNardo: Please be advised that I represent Lofty Holding 656 East 126th LLC (“Lofty”), which recently purchased the above referenced property (the “Property”) from 656 East 126th LTD (“Seller”) pursuant to the Purchase Agreement fully executed on March 10, 2022 (the “Agreement”). I kindly request that you direct all communication and correspondence related to the subject matter of

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August 4, 2023
Armand DiNardo
656 East 126th LTD
Via Email:
Re:

656 East 126th Street, Cleveland, OH 44108

Dear Mr. DiNardo:
Please be advised that I represent Lofty Holding 656 East 126th LLC (“Lofty”), which recently
purchased the above referenced property (the “Property”) from 656 East 126th LTD (“Seller”)
pursuant to the Purchase Agreement fully executed on March 10, 2022 (the “Agreement”). I kindly
request that you direct all communication and correspondence related to the subject matter of
this letter to my attention.
As you should be aware, the Agreement includes the following provision:

The Agreement further provides that Seller was required to remedy all lead hazards prior to the
transfer of title to Lofty. Unfortunately, following the closing, Lofty discovered that the City of
Cleveland issued an Order to Control Lead Hazards to Seller (the “Order”) on February 15, 2022,
weeks prior to the execution of the Agreement. I have attached a copy of the Order.
We are also aware that you did not remedy the lead hazard prior to the closing date, as required
by the Agreement. Moreover, the representations Seller made indicating that the Property
complied with all building codes and was free from material defects as set forth above is false. As
a result, Lofty is required to remediate the lead hazard, the cost of which will exceed $10,000.
Under Ohio law, a seller of property may be held liable for false representations in purchase
agreements and/or disclosures. Further, a seller may also be held liable for fraudulently
concealing defects in real estate.

22255 Center Ridge Road, Suite 311, Rocky River, OH 44116
Office: 440.580.0365 | Fax: 440.359.8755 | info@TayehLaw.com | www.TayehLaw.com

In the instant case, you were aware of the Order, as you received it prior to the execution of the
Agreement. Still, you not only failed to disclose the Order, but represented that the Property was
not subject to any housing or building violations and was free from defects. These are blatant
misrepresentations. Moreover, the Agreement required you to remedy any such violations prior
to Closing. You failed to do so.
Additionally, Cleveland Codified Ordinance § 240.06(a)(1)(A)-(G) provides as follows:
“A seller or lessor of target housing must disclose information concerning lead upon
the transfer of any target housing pursuant to the Residential Lead-Based Paint
Hazard Reduction Act of 1992, 42 U.S.C. 4852d, and shall adhere to all rules and
regulations promulgated under the Act, as may be amended from time to time. Before
a purchaser or tenant is obligated under a contract to purchase target housing or a
rental agreement to lease target housing, the seller or lessor shall perform the activities
and provide the disclosures described in this section:
A. Provide the purchaser or tenant with an EPA-approved lead hazard
information pamphlet;
B. Disclose to the purchaser in writing in the sales contract, or to the tenant, in
writing in the rental agreement: (i) the presence of any known lead-based
paint, or any known lead-based paint hazards, in the housing; (ii) any
additional information available concerning the known lead-based paint
and/or lead-based paint hazards, such as the basis for the determination that
lead-based paint and/or lead-based paint hazards exist, the location of the
lead-based paint and/or lead-based paint hazards, and the condition of the
painted surfaces; and (iii) whether the property or unit is under a lead hazard
control order;
C. Disclose to the tenant a copy of the most recent clearance examination or lead
risk assessment and, if applicable, the lead-safe certification;
D. Provide to the purchaser or tenant any records or reports (including notices or
letters of violation) available pertaining to lead-based paint or lead-based paint
hazards in the target housing, including regarding common areas, and
regarding other residential dwellings in multi-family target housing, provided
that the information is part of an evaluation or reduction of lead-based paint
and/or lead-based paint hazards in the target housing;
E. Permit the purchaser a ten (10) day period (unless the parties mutually agree
in writing to a different period of time or to waive this requirement) to conduct
a lead risk assessment or lead inspection for the presence of lead-based paint
and/or lead-based paint hazards;
F. Include in the sale or rental agreement the Lead Warning Statement prescribed
in 40 C.F.R. 745.113;
G. Include in the sale or rental agreement acknowledgments that the pamphlet,
disclosures, ten (10) day period (if required) and warning required were
provided.”