Oasis Home Buyers, L.L.C. v. Estate of Robert J. Thomas et al.

Summary

The Ohio Second District Court of Appeals affirmed summary judgment against Oasis Home Buyers, LLC in its action seeking specific performance of a real-estate purchase contract after the seller’s death. The court held that Oasis was a creditor with a claim against the decedent’s estate under R.C. 2117.06 and therefore was required to present its claim within six months after the decedent’s death. Because Oasis failed to do so, its claim was barred.

Holdings

1. A purchaser seeking to enforce a real-estate purchase contract against a deceased seller has a right of action against the decedent and is a creditor with a claim against the estate, even though the claim is not a traditional monetary debt.
2. Summary judgment was proper because Oasis's failure to timely present its claim under R.C. 2117.06 barred its action for specific performance.

Questions Presented

1. Whether a purchaser seeking specific performance of a real-estate purchase contract from a deceased seller is a creditor with a claim against the seller's estate subject to the presentment requirements of R.C. 2117.06.
2. Whether summary judgment was properly entered against Oasis based on its failure to timely present its claim to the estate.

Disposition

affirmed