Sec. 321.261. (A) Five per cent of all delinquent real | 22 |
property, personal property, and manufactured and mobile home | 23 |
taxes and
assessments collected by the county treasurer shall be | 24 |
deposited
in the delinquent tax and assessment collection fund, | 25 |
which shall
be created in the county treasury. TheExcept as | 26 |
otherwise provided in division (B) of this section, the moneys in | 27 |
the fund,
one-half of which shall be appropriated by the board of | 28 |
county
commissioners to the treasurer and one-half of which shall | 29 |
be
appropriated to the county prosecuting attorney, shall be used | 30 |
solely in connection with the collection of delinquent real | 31 |
property, personal property, and manufactured and mobile home | 32 |
taxes and
assessments. | 33 |
Annually by the first day of December, the treasurer and
the | 34 |
prosecuting attorney each shall submit a report to the board | 35 |
regarding the use of the moneys appropriated to their respective | 36 |
offices from the delinquent tax and assessment collection fund. | 37 |
Each report shall specify the amount appropriated to the office | 38 |
during the current calendar year, an estimate of the amount so | 39 |
appropriated that will be expended by the end of the year, a | 40 |
summary of how the amount appropriated has been expended in | 41 |
connection with delinquent tax collection activities, and an | 42 |
estimate of the amount that will be credited to the fund during | 43 |
the ensuing calendar year. | 44 |
(B) In a county having a population of more than one hundred | 45 |
thousand according to the department of development's 2006 census | 46 |
estimate, from money
appropriated to each office from the | 47 |
county's delinquent tax and
assessment collection fund under | 48 |
division (A) of this section, the
county treasurer and | 49 |
prosecuting attorney may expend a combined
total of not more than | 50 |
three
million dollars each year to assist townships or
municipal | 51 |
corporations
located in the county as provided in this division. | 52 |
Upon application
for the funds by a township or municipal | 53 |
corporation, the county treasurer and prosecuting attorney may | 54 |
assist the township or municipal corporation in abating | 55 |
foreclosed residential nuisances, including
paying the costs
of | 56 |
securing such
buildings, lot maintenance, and
demolition. At the | 57 |
prosecuting attorney's
discretion, the prosecuting attorney also | 58 |
may apply
the funds to costs of
prosecuting
alleged
violations | 59 |
of criminal and
civil
laws governing real
estate and
related | 60 |
transactions,
including
fraud, abuse, and
predatory
lending. | 61 |
Sec. 323.47. If land held by tenants in common is sold
upon | 79 |
proceedings in partition, or taken by the election of any of
the | 80 |
parties to such proceedings, or real estate is sold at
judicial | 81 |
sale, or by administrators, executors, guardians, or
trustees, the | 82 |
court shall order that the taxes, penalties, and
assessments then | 83 |
due and payable, and interest thereon, that are
or will be a lien | 84 |
on such land or real estate at the time the
deed is transferred | 85 |
following the sale, be discharged out of the
proceeds of such sale | 86 |
or election. For purposes of determining
such amount, the county | 87 |
treasurer mayshall estimate the amount of
taxes, assessments, | 88 |
interest, and penalties that will be payablea lien on the land or | 89 |
real estate
at the time the deed of the property is transferred to | 90 |
the
purchaser. If the county treasurer's estimate exceeds the | 91 |
amount
of taxes, assessments, interest, and penalties actually | 92 |
payablethat are a lien
when the deed is transferred to the | 93 |
purchaser, the officer who
conducted the sale shall refund to the | 94 |
purchaser the difference
between the estimate and the actual | 95 |
amount actually payableof the lien. If the
amount of taxes, | 96 |
assessments, interest, and penalties actually
payablethat are a | 97 |
lien when the deed is transferred to the purchaser exceeds the | 98 |
county treasurer's estimate, the officer shall certify the amount | 99 |
of the excess to the treasurer, who shall enter that amount on
the | 100 |
real and public utility property tax duplicate opposite the | 101 |
property; the amount of the excess shall be payable at the next | 102 |
succeeding date prescribed for payment of taxes in section 323.12 | 103 |
of the Revised Code. | 104 |
(B)(1) Except as provided in division (B)(2) of this
section, | 116 |
this section applies to any transfer of residential real
property | 117 |
that occurs on or after July 1, 1993, by sale, land
installment | 118 |
contract, lease with option to purchase, exchange, or
lease for a | 119 |
term of ninety-nine years and renewable forever. For
purposes of | 120 |
this section, a transfer occurs when the initial
contract for | 121 |
transfer is executed, regardless of when legal title
is | 122 |
transferred, and references in this section to transfer offers
and | 123 |
transfer agreements refer to offers and agreements in respect
of | 124 |
the initial contract for transfer. | 125 |
(a) A transfer pursuant to court order, including, but not | 128 |
limited to, a transfer ordered by a probate court during the | 129 |
administration of a decedent's estate, a transfer pursuant to a | 130 |
writ of execution, a transfer by a trustee in bankruptcy, a | 131 |
transfer as a result of the exercise of the power of eminent | 132 |
domain, and a transfer that results from a decree for specific | 133 |
performance of a contract or other agreement between persons; | 134 |
(C) Except as provided in division (B)(2) of this section
and | 173 |
subject to divisions (E) and (F) of this section, every
person
who | 174 |
intends to transfer any residential real property on
or after
July | 175 |
1, 1993, by sale, land installment contract, lease
with
option to | 176 |
purchase, exchange, or lease for a term of
ninety-nine
years and | 177 |
renewable forever shall complete all
applicable items in
a | 178 |
property disclosure form prescribed under
division (D) of
this | 179 |
section and shall deliver in accordance with
division (I) of
this | 180 |
section a signed and dated copy of the
completed form to each | 181 |
prospective transferee or
prospective
transferee's agent as
soon | 182 |
as is practicable. | 183 |
(D)(1) Prior to July 1, 1993, theThe director of commerce, | 184 |
by
rule adopted in accordance with Chapter 119. of the Revised | 185 |
Code,
shall prescribe the disclosure form to be completed by | 186 |
transferors. The form prescribed by the director shall be
designed | 187 |
to permit the transferor to disclose material matters
relating to | 188 |
the physical condition of the property to be
transferred, | 189 |
including, but not limited to, the source of water
supply to the | 190 |
property; the nature of the sewer system serving
the
property; the | 191 |
condition of the structure of the property,
including the roof, | 192 |
foundation, walls, and floors; the presence
of
hazardous materials | 193 |
or substances, including lead-based paint,
asbestos, | 194 |
urea-formaldehyde foam insulation, and radon gas; and
any material | 195 |
defects in the property that are within the actual
knowledge of | 196 |
the transferor. | 197 |
The form also shall set forth a statement of the purpose of | 198 |
the form, including statements substantially similar to the | 199 |
following: that the form constitutes a statement of the
conditions | 200 |
of the property and of information concerning the
property | 201 |
actually known by the transferor; that, unless the
transferee is | 202 |
otherwise advised in writing, the transferor, other
than having | 203 |
lived at or owning the property, possesses no greater
knowledge | 204 |
than that which could be obtained by a careful
inspection of the | 205 |
property by a potential transferee; that the
statement is not a | 206 |
warranty of any kind by the transferor or by
any agent or subagent | 207 |
representing the transferor in this
transaction; that the | 208 |
statement is not a substitute for any
inspections; that the | 209 |
transferee is encouraged to obtain
the
transferee's
own | 210 |
professional inspection; that the
representations are made by
the | 211 |
transferor and are not the
representations of the
transferor's | 212 |
agent or subagent; and that
the form and the
representations | 213 |
contained therein are provided by
the transferor
exclusively to | 214 |
potential transferees in a transfer
made by the
transferor, and | 215 |
are not made to transferees in any
subsequent
transfers. | 216 |
(F)(1) A transferor of residential real property is not | 247 |
liable in damages in a civil action for injury, death, or loss to | 248 |
person or property that allegedly arises from any error in, | 249 |
inaccuracy of, or omission of any item of information required to | 250 |
be disclosed in the property disclosure form if the error, | 251 |
inaccuracy, or omission was not
within the transferor's actual | 252 |
knowledge. | 253 |
(2) If any item of information that is disclosed in the | 254 |
property disclosure form
is rendered inaccurate after the
delivery | 255 |
of the form to the
transferee of residential real
property or
the | 256 |
transferee's
agent as a result of any act,
occurrence, or | 257 |
agreement, the
subsequent inaccuracy does not cause, and shall
not | 258 |
be construed
as causing, the transferor of the residential
real | 259 |
property to be
in noncompliance with the requirements of
divisions | 260 |
(C) and (D) of
this section. | 261 |
(I) The transferor's delivery under division (C) of this | 277 |
section of a property disclosure form
as prescribed under
division | 278 |
(D) of this section
and the prospective transferee's
delivery | 279 |
under division (H) of
this section of an acknowledgment
of
receipt | 280 |
of that form
shall be made by personal
delivery to
the other party | 281 |
or
the other party's agent or
subagent, by
ordinary mail or | 282 |
certified mail, return receipt
requested, or by facsimile | 283 |
transmission. For the purposes of the
delivery requirements of | 284 |
this section, the delivery of a property
disclosure form
to a | 285 |
prospective co-transferee of residential real property or
a | 286 |
prospective co-transferee's
agent shall be considered delivery to | 287 |
the other prospective
transferees unless otherwise provided by | 288 |
contract. | 289 |
(J) The specification of items of information that must be | 290 |
disclosed in the property disclosure form as prescribed under | 291 |
divisiondivisions (D)(1) and (2) of this section does not limit | 292 |
or abridge, and
shall
not be construed as limiting or abridging, | 293 |
any obligation to
disclose an item of information that is created | 294 |
by any other
provision of the Revised Code or the common law of | 295 |
this state or
that may exist in order to preclude fraud, either by | 296 |
misrepresentation, concealment, or nondisclosure in a transaction | 297 |
involving the transfer of residential real property. The | 298 |
disclosure requirements of this section do not bar, and shall not | 299 |
be construed as barring, the application of any legal or
equitable | 300 |
defense that a transferor of residential real property
may assert | 301 |
in a civil action commenced against the transferor by
a | 302 |
prospective or actual transferee of that property. | 303 |
(K)(1) Except as provided in division (K)(2) of this
section, | 304 |
but subject to divisions (J), (K)(5), and (L) of this section, a | 305 |
transfer of residential real property that is subject to this | 306 |
section shall not be invalidated because of the failure of the | 307 |
transferor to provide to the transferee in accordance with | 308 |
division (C) of this section a completed property disclosure form
| 309 |
as prescribed under division
(D) of this section. | 310 |
(2) Subject to division (K)(3)(c) of this section, if a | 311 |
transferee of residential real property that is subject to this | 312 |
section receives a property disclosure form or an amendment of | 313 |
that form
as described in division (G) of this section
after the | 314 |
transferee has entered into a transfer agreement with
respect to | 315 |
the property, the transferee, after
receipt of the
form or | 316 |
amendment, may rescind the transfer agreement in a written, | 317 |
signed,
and dated document that is delivered to the transferor or
| 318 |
the
transferor's agent or subagent in accordance with
divisions | 319 |
(K)(3)(a) and
(b) of this section, without incurring any legal | 320 |
liability to the
transferor because of the rescission, including, | 321 |
but not limited
to, a civil action for specific performance of the | 322 |
transfer
agreement. Upon the rescission of the transfer
agreement, | 323 |
the
transferee is entitled to the return of, and the
transferor | 324 |
shall
return, any deposits made by the transferee in
connection | 325 |
with
the proposed transfer of the residential real
property. | 326 |
(3)(a) Subject to division (K)(3)(b) of this section, a | 327 |
rescission of a transfer agreement under division (K)(2) of this | 328 |
section only may occur if the transferee's written, signed, and | 329 |
dated document of rescission is delivered to the transferor or
the | 330 |
transferor's agent or subagent within three business
days | 331 |
following the
date on which the transferee or
the transferee's | 332 |
agent
receives the property
disclosure form
prescribed under | 333 |
division (D) of this section or
the amendment of that form
as | 334 |
described in division (G) of this
section. | 335 |
(d) A rescission of a transfer agreement is not
permissible | 345 |
under division (K)(2) of this section if a transferee
of | 346 |
residential real property that is subject to this section
receives | 347 |
a property disclosure form as prescribed under division
(D) of | 348 |
this section or an amendment
of that form as described in
division | 349 |
(G) of this section prior to the transferee's submission
to the | 350 |
transferor or
the transferor's agent or subagent of a
transfer | 351 |
offer
and the transferee's entry into a transfer
agreement with | 352 |
respect
to the property. | 353 |
(4) If a transferee of residential real property subject
to | 354 |
this section does not receive a property disclosure form from
the | 355 |
transferor after the
transferee has submitted to the
transferor or
| 356 |
the transferor's
agent or subagent a transfer
offer and has | 357 |
entered into a transfer
agreement with respect to the property, | 358 |
the transferee may rescind
the transfer agreement in a written, | 359 |
signed, and dated document
that is delivered to the transferor or
| 360 |
the transferor's agent
or subagent in accordance with
division | 361 |
(K)(4) of this
section without
incurring any legal liability to | 362 |
the transferor
because of the
rescission, including, but not | 363 |
limited to, a civil
action for
specific performance of the | 364 |
transfer agreement. Upon
the
rescission of the transfer agreement, | 365 |
the transferee is
entitled
to the return of, and the transferor | 366 |
shall return, any
deposits
made by the transferee in connection | 367 |
with the proposed
transfer
of the residential real property. A | 368 |
transferee may not
rescind a
transfer agreement under
division | 369 |
(K)(4) of this
section unless
the transferee
rescinds the
transfer | 370 |
agreement by the earlier of the date that is thirty days
after the | 371 |
date upon which the transferor accepted the
transferee's transfer | 372 |
offer or the date of the closing of the
transfer of the | 373 |
residential real property. | 374 |
(5) If a transferor of residential real property has actual | 375 |
knowledge of the illegal manufacture of methamphetamine on the | 376 |
property that is to be transferred, the transferor shall disclose | 377 |
that knowledge on the property disclosure form. The disclosure | 378 |
shall not include the names of the persons involved in the illegal | 379 |
manufacture of methamphetamine. If the transferor fails to comply | 380 |
with this required disclosure and the transfer is not yet | 381 |
complete, the transfer of the residential real property may be | 382 |
invalidated by rescission as provided in division (K)(2) of this | 383 |
section if the required disclosure is included on a disclosure | 384 |
form or an amendment of a property disclosure form but the | 385 |
transferee does not receive the disclosure form or amendment until | 386 |
the time described in that division, or may be invalidated by | 387 |
rescission as provided in division (K)(4) of this section if the | 388 |
transferee does not receive a property disclosure form in the | 389 |
circumstances described in that division. If the transferor fails | 390 |
to comply with this required disclosure and the transfer of | 391 |
property is complete, the transferee may bring a civil action in | 392 |
an appropriate court for invalidation of the contract on the basis | 393 |
of fraud or another appropriate cause of action. In addition to | 394 |
the procedure or civil action for invalidating the transfer, the | 395 |
transferee may bring a civil action for the recovery of any | 396 |
damages that the transferee suffers that result from or are | 397 |
related to the former use of the property in the illegal | 398 |
manufacture of methamphetamine. | 399 |
Sec. 5302.31. (A) This section applies to any transfer of | 406 |
residential real property that occurs on or after the effective | 407 |
date of this section by sale, land installment contract, lease | 408 |
with option to purchase, exchange, or lease for a term of | 409 |
ninety-nine years and renewable forever. For purposes of this | 410 |
section, a transfer occurs when the initial contract for transfer | 411 |
is executed, regardless of when legal title is transferred. | 412 |
References in this section to transfer offers and transfer | 413 |
agreements refer to offers and agreements in respect of the | 414 |
initial contract for transfer. | 415 |
(B) Subject to division (D) of this section, every person who | 416 |
intends to transfer any residential real property on or after the | 417 |
effective date of this section by sale, land installment contract, | 418 |
lease with option to purchase, exchange, or lease for a term of | 419 |
ninety-nine years and renewable forever, who pursuant to an | 420 |
exemption provided in division (B) of section 5302.30 of the | 421 |
Revised Code is not required to deliver to each prospective | 422 |
transferee or prospective transferee's agent a completed property | 423 |
disclosure form pursuant to that section relative to the | 424 |
residential real property that is to be transferred, and who has | 425 |
actual knowledge of the illegal manufacture of methamphetamine on | 426 |
the residential real property that is to be transferred shall | 427 |
disclose that knowledge to each prospective transferee or | 428 |
prospective transferee's agent. The disclosure shall be in a | 429 |
written "methamphetamine disclosure notice," shall be signed and | 430 |
dated, shall be provided to the transferee or agent as soon as is | 431 |
practicable, and shall be provided in the manner specified in | 432 |
division (I) of section 5302.30 of the Revised Code. The | 433 |
methamphetamine disclosure notice shall not include the names of | 434 |
the persons involved in the illegal manufacture of the | 435 |
methamphetamine. | 436 |
(C) If a transferor of residential real property to whom | 437 |
division (B) of this section applies fails to comply with the | 438 |
disclosure required by that division and the transfer is not yet | 439 |
complete, the transfer of the residential real property may be | 440 |
invalidated by rescission as provided in division (K)(2) of | 441 |
section 5302.30 of the Revised Code if the required disclosure is | 442 |
included on a methamphetamine disclosure notice but the transferee | 443 |
does not receive the notice until the time described in that | 444 |
division, or may be invalidated by rescission as provided in | 445 |
division (K)(4) of that section if the transferee does not receive | 446 |
a methamphetamine disclosure notice after the transferee has | 447 |
submitted to the transferor or the transferor's agent or subagent | 448 |
a transfer offer and has entered into a transfer agreement with | 449 |
respect to the property. If the transferor fails to comply with | 450 |
this required disclosure and the transfer of the property is | 451 |
complete, the transferee may bring a civil action in an | 452 |
appropriate court for the invalidation of the contract on the | 453 |
basis of fraud or another appropriate cause of action. In addition | 454 |
to the procedure or civil action for invalidating the transfer, | 455 |
the transferee may bring a civil action for the recovery of any | 456 |
damages that the transferee suffers that result from or are | 457 |
related to the former use of the property in the illegal | 458 |
manufacture of methamphetamine. | 459 |
(D) A transferor of residential real property is not liable | 460 |
in damages in a civil action for injury, death, or loss to person | 461 |
or property that allegedly arises from any error in, inaccuracy | 462 |
of, or omission of any item of information required to be | 463 |
disclosed under division (B) of this section if the error, | 464 |
inaccuracy, or omission was not within the transferor's actual | 465 |
knowledge. | 466 |
(F) The specification of the item of information that must be | 475 |
disclosed in the methamphetamine disclosure notice under division | 476 |
(B) of this section does not limit or abridge any obligation to | 477 |
disclose an item of information that is created by any other | 478 |
provision of the Revised Code or the common law of this state or | 479 |
that may exist in order to preclude fraud, either by | 480 |
misrepresentation, concealment, or nondisclosure, in a transaction | 481 |
involving the transfer of residential real property. The | 482 |
disclosure requirements of this section do not bar, and shall not | 483 |
be construed as barring, the application of any legal or equitable | 484 |
defense that a transferor of residential real property may assert | 485 |
in a civil action commenced against the transferor by a | 486 |
prospective or actual transferee of that property. | 487 |
Sec. 5321.041. If a landlord of residential premises has | 493 |
actual knowledge of the illegal manufacture of methamphetamine on | 494 |
those premises, the landlord shall disclose that knowledge to any | 495 |
prospective or current tenant of those premises. The disclosure | 496 |
shall not include the names of the persons involved in the illegal | 497 |
manufacture of methamphetamine. If a landlord fails to comply with | 498 |
the disclosure
required by this section, the tenant may terminate | 499 |
the rental agreement for the residential premises and may bring a | 500 |
civil action for the recovery of any damages for injury, death, or | 501 |
loss to person or property that the tenant suffers that result | 502 |
from or are related to the former use of the residential premises | 503 |
in the illegal manufacture of methamphetamine. | 504 |