(B) If a law enforcement agency discovers an illegal | 14 |
methamphetamine manufacturing laboratory, the law enforcement | 15 |
agency that makes the discovery shall inform the superintendent of | 16 |
the bureau of criminal identification and investigation in writing | 17 |
of the location of the real property on which the laboratory is | 18 |
discovered and provide any other information related to the | 19 |
laboratory or to the property that the superintendent may require. | 20 |
If an illegal methamphetamine manufacturing laboratory is | 21 |
discovered in a room of a hotel, motel, or similar establishment, | 22 |
the law enforcement agency shall inform the superintendent of that | 23 |
room number or the location of that room within the hotel, motel, | 24 |
or similar establishment. | 25 |
(D) The superintendent shall establish and maintain on the | 33 |
attorney general's official web site a database of all properties | 34 |
and motor vehicles reported to the superintendent pursuant to | 35 |
division (B) or (C) of this section. The database entry for each | 36 |
motor vehicle shall include the vehicle identification number of | 37 |
the motor vehicle. The database entry for each property shall | 38 |
include the name of the property's owner of record, the parcel | 39 |
number of the property in the general tax list of the county, and | 40 |
other information that would cause the property's inclusion in the | 41 |
database to be discovered through a title search. If an illegal | 42 |
methamphetamine manufacturing laboratory was discovered in the | 43 |
room of a hotel, motel, or similar establishment, the database | 44 |
entry shall include the room number or the location of the room | 45 |
within the hotel, motel, or similar establishment. | 46 |
The superintendent shall remove a property from the database | 47 |
upon receipt from a property owner of a copy of an affidavit | 48 |
required to be submitted to the property owner in accordance with | 49 |
rules adopted under section 3701.181 of the Revised Code. Except | 50 |
as provided in division (E) of this section, the superintendent | 51 |
shall not remove a property from the database unless and until the | 52 |
superintendent has received from the property owner a copy of an | 53 |
affidavit regarding that property. | 54 |
(8) The statement is in writing and is made with purpose to | 86 |
induce another to extend credit to or employ the offender, to | 87 |
confer any degree, diploma, certificate of attainment, award of | 88 |
excellence, or honor on the offender, or to extend to or bestow | 89 |
upon the offender any other valuable benefit or distinction, when | 90 |
the person to whom the statement is directed relies upon it to | 91 |
that person's detriment. | 92 |
(10) The statement is knowingly made to a probate court in | 95 |
connection with any action, proceeding, or other matter within its | 96 |
jurisdiction, either orally or in a written document, including, | 97 |
but not limited to, an application, petition, complaint, or other | 98 |
pleading, or an inventory, account, or report. | 99 |
(B) No person, in connection with the purchase of a firearm, | 124 |
as defined in section 2923.11 of the Revised Code, shall knowingly | 125 |
furnish to the seller of the firearm a fictitious or altered | 126 |
driver's or commercial driver's license or permit, a fictitious or | 127 |
altered identification card, or any other document that contains | 128 |
false information about the purchaser's identity. | 129 |
(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5), | 144 |
(6), (7), (8), (10), (11), (13), or (15), or (16) of this section | 145 |
is guilty of falsification, a misdemeanor of the first degree. | 146 |
(2) Whoever violates division (A)(9) of this section is | 147 |
guilty of falsification in a theft offense. Except as otherwise | 148 |
provided in this division, falsification in a theft offense is a | 149 |
misdemeanor of the first degree. If the value of the property or | 150 |
services stolen is five hundred dollars or more and is less than | 151 |
five thousand dollars, falsification in a theft offense is a | 152 |
felony of the fifth degree. If the value of the property or | 153 |
services stolen is five thousand dollars or more and is less than | 154 |
one hundred thousand dollars, falsification in a theft offense is | 155 |
a felony of the fourth degree. If the value of the property or | 156 |
services stolen is one hundred thousand dollars or more, | 157 |
falsification in a theft offense is a felony of the third degree. | 158 |
(G) A person who violates this section is liable in a civil | 165 |
action to any person harmed by the violation for injury, death, or | 166 |
loss to person or property incurred as a result of the commission | 167 |
of the offense and for reasonable attorney's fees, court costs, | 168 |
and other expenses incurred as a result of prosecuting the civil | 169 |
action commenced under this division. A civil action under this | 170 |
division is not the exclusive remedy of a person who incurs | 171 |
injury, death, or loss to person or property as a result of a | 172 |
violation of this section. | 173 |
Sec. 3701.181. (A) The owner of real property that pursuant | 174 |
to section 109.5731 of the Revised Code has been included in the | 175 |
bureau of criminal identification and investigation's database of | 176 |
properties on which illegal methamphetamine manufacturing | 177 |
laboratories have been discovered may submit to the director of | 178 |
health and to the superintendent of the bureau of criminal | 179 |
identification and investigation a copy of the affidavit that is | 180 |
required to be submitted to the owner by a contractor in | 181 |
accordance with rules adopted under this section attesting that | 182 |
methamphetamine residue has been removed from the property in | 183 |
accordance with guidelines established in those rules. | 184 |
(B) The director of health may adopt rules in accordance with | 185 |
Chapter 119. of the Revised Code establishing guidelines for the | 186 |
removal of methamphetamine residue from real property on which an | 187 |
illegal methamphetamine manufacturing laboratory has been | 188 |
discovered when a federal agency establishes guidelines for the | 189 |
removal of methamphetamine residue from real property. Rules | 190 |
adopted under this section shall conform with the guidelines | 191 |
established by the federal agency. In addition, the rules shall | 192 |
require a contractor responsible for conducting the removal of | 193 |
methamphetamine residue from real property to submit to the owner | 194 |
of the real property a notarized affidavit that attests that the | 195 |
contractor has removed the methamphetamine residue in compliance | 196 |
with the guidelines that are established in rules adopted under | 197 |
this section and that conform with the guidelines established by | 198 |
the federal agency. | 199 |
Sec. 4505.08. (A) When the clerk of a court of common pleas | 203 |
issues a physical certificate of title, the clerk shall issue the | 204 |
certificate of title on a form and in a manner prescribed by the | 205 |
registrar of motor vehicles. The clerk shall file a copy of the | 206 |
physical evidence for the creation of the certificate of title in | 207 |
a manner prescribed by the registrar. A clerk may retain digital | 208 |
images of documents used as evidence for issuance of a certificate | 209 |
of title. Certified printouts of documents retained as digital | 210 |
images shall have the same evidentiary value as the original | 211 |
physical documents. The record of the issuance of the certificate | 212 |
of title shall be maintained in the automated title processing | 213 |
system. The clerk shall sign and affix the clerk's seal to the | 214 |
original certificate of title and, if there are no liens on the | 215 |
motor vehicle, shall deliver the certificate to the applicant or | 216 |
the selling dealer. If there are one or more liens on the motor | 217 |
vehicle, the certificate of title shall be delivered to the holder | 218 |
of the first lien or the selling dealer, who shall deliver the | 219 |
certificate of title to the holder of the first lien. | 220 |
The registrar shall prescribe a uniform method of numbering | 221 |
certificates of title, and such numbering shall be in such manner | 222 |
that the county of issuance is indicated. The clerk shall assign | 223 |
numbers to certificates of title in the manner prescribed by the | 224 |
registrar. The clerk shall file all certificates of title | 225 |
according to rules to be prescribed by the registrar, and the | 226 |
clerk shall maintain in the clerk's office indexes for the | 227 |
certificates of title. | 228 |
The clerk need not retain on file any current certificates of | 229 |
title, current duplicate certificates of title, current memorandum | 230 |
certificates of title, or current salvage certificates of title, | 231 |
or supporting evidence of them covering any motor vehicle or | 232 |
manufactured or mobile home for a period longer than seven years | 233 |
after the date of its filing; thereafter, the documents and | 234 |
supporting evidence may be destroyed. The clerk need not retain on | 235 |
file any inactive records, including certificates of title, | 236 |
duplicate certificates of title, or memorandum certificates of | 237 |
title, or supporting evidence of them, including the electronic | 238 |
record described in division (A) of section 4505.06 of the Revised | 239 |
Code, covering any motor vehicle or manufactured or mobile home | 240 |
for a period longer than five years after the date of its filing; | 241 |
thereafter, the documents and supporting evidence may be | 242 |
destroyed. | 243 |
The automated title processing system shall contain all | 244 |
active records and an index of the active records, a record and | 245 |
index of all inactive titles for ten years, and a record and index | 246 |
of all inactive titles for manufactured and mobile homes for | 247 |
thirty years. If the clerk provides a written copy of any | 248 |
information contained in the database, the copy shall be | 249 |
considered the original for purposes of the clerk certifying the | 250 |
record of the information for use in any legal proceeding. | 251 |
(B)(1) If the clerk issues a certificate of title for a motor | 252 |
vehicle that was last previously registered in another state, the | 253 |
clerk shall record verbatim, where practicable, in the space on | 254 |
the title described in division (B)(19) of section 4505.07 of the | 255 |
Revised Code, the words that appear as a notation to the vehicle | 256 |
on the title issued by the previous state. These notations may | 257 |
include, but are not limited to, words to the effect that the | 258 |
vehicle was considered or was categorized by the state in which it | 259 |
was last previously registered to be a law enforcement vehicle or | 260 |
a taxicab or was once in a flood. | 261 |
(2) If the clerk, while issuing a certificate of title for a | 262 |
motor vehicle that was last previously registered in another | 263 |
state, receives information from the automated title processing | 264 |
system indicating that a title to the vehicle previously was | 265 |
issued by this state and that the previous title contained | 266 |
notations that appeared in the space described in division (B)(19) | 267 |
or (20) of section 4505.07 of the Revised Code, the clerk shall | 268 |
enter the notations that appeared on the previous certificate of | 269 |
title issued by this state on the new certificate of title in the | 270 |
space described in division (B)(19) or (20) of section 4505.07 of | 271 |
the Revised Code, irrespective of whether the notations appear on | 272 |
the certificate of title issued by the state in which the vehicle | 273 |
was last previously registered. | 274 |
(3) If the clerk, while issuing a certificate of title for a | 275 |
motor vehicle that was last previously registered in another | 276 |
state, receives information from the automated title processing | 277 |
system indicating that the vehicle was previously issued a title | 278 |
by this state and that the previous title bore the notation | 279 |
"REBUILT SALVAGE" as required by division (E) of section 4505.11 | 280 |
of the Revised Code, or the previous title to the vehicle issued | 281 |
by this state was a salvage certificate of title, the clerk shall | 282 |
cause the certificate of title the clerk issues to bear the | 283 |
notation "REBUILT SALVAGE" in the location prescribed by the | 284 |
registrar pursuant to that division. | 285 |
(C) When the clerk issues a certificate of title for a motor | 286 |
vehicle that was last previously registered in this state and was | 287 |
a law enforcement vehicle or a taxicab or was once in a flood, the | 288 |
clerk shall record that information in the space on the title | 289 |
described in division (B)(20) of section 4505.07 of the Revised | 290 |
Code. In addition, when the clerk issues a certificate of title to | 291 |
a law enforcement agency for a motor vehicle that has been seized | 292 |
by the agency and the clerk is informed by the agency that the | 293 |
vehicle is listed on the illegal methamphetamine manufacturing | 294 |
laboratory database established under section 109.5731 of the | 295 |
Revised Code, the clerk shall record that information in the space | 296 |
on the title described in division (B)(20) of section 4505.07 of | 297 |
the Revised Code. The registrar, by rule, may prescribe any | 298 |
additional uses of or happenings to a motor vehicle that the | 299 |
registrar has reason to believe should be noted on the certificate | 300 |
of title as provided in this division. | 301 |
(D) The clerk shall use reasonable care in recording or | 304 |
entering onto titles the clerk issues any notation and information | 305 |
the clerk is required by divisions (B) and (C) of this section to | 306 |
record or enter and in causing the titles the clerk issues to bear | 307 |
any notation required by those divisions, but the clerk is not | 308 |
liable for any of the clerk's errors or omissions or those of the | 309 |
clerk's deputies, or the automated title processing system, in the | 310 |
performance of the duties imposed on the clerk by this section. | 311 |
(F) Except as provided in section 4505.021 of the Revised | 314 |
Code, the clerk shall issue a physical certificate of title to an | 315 |
applicant unless the applicant specifically requests the clerk not | 316 |
to issue a physical certificate of title and instead to issue an | 317 |
electronic certificate of title. The fact that a physical | 318 |
certificate of title is not issued for a motor vehicle does not | 319 |
affect ownership of the vehicle. In that case, when the clerk | 320 |
completes the process of entering certificate of title application | 321 |
information into the automated title processing system, the effect | 322 |
of the completion of the process is the same as if the clerk | 323 |
actually issued a physical certificate of title for the motor | 324 |
vehicle. | 325 |
(G) An electronic motor vehicle dealer who applies for a | 326 |
certificate of title on behalf of a customer who purchases a motor | 327 |
vehicle from the dealer may print a non-negotiable evidence of | 328 |
ownership for the customer if the customer so requests. The | 329 |
authorization to print the non-negotiable evidence of ownership | 330 |
shall come from the clerk with whom the dealer makes application | 331 |
for the certificate of title for the customer, but the printing by | 332 |
the dealer does not create an agency relationship of any kind | 333 |
between the dealer and the clerk. | 334 |
(B)(1) Except as provided in division (B)(2) of this section, | 348 |
this section applies to any transfer of residential real property | 349 |
that occurs on or after July 1, 1993, by sale, land installment | 350 |
contract, lease with option to purchase, exchange, or lease for a | 351 |
term of ninety-nine years and renewable forever. For purposes of | 352 |
this section, a transfer occurs when the initial contract for | 353 |
transfer is executed, regardless of when legal title is | 354 |
transferred, and references in this section to transfer offers and | 355 |
transfer agreements refer to offers and agreements in respect of | 356 |
the initial contract for transfer. | 357 |
(a) A transfer pursuant to court order, including, but not | 360 |
limited to, a transfer ordered by a probate court during the | 361 |
administration of a decedent's estate, a transfer pursuant to a | 362 |
writ of execution, a transfer by a trustee in bankruptcy, a | 363 |
transfer as a result of the exercise of the power of eminent | 364 |
domain, and a transfer that results from a decree for specific | 365 |
performance of a contract or other agreement between persons; | 366 |
(C) Except as provided in division (B)(2) of this section and | 405 |
subject to divisions (E) and (F) of this section, every person who | 406 |
intends to transfer any residential real property on or after July | 407 |
1, 1993, by sale, land installment contract, lease with option to | 408 |
purchase, exchange, or lease for a term of ninety-nine years and | 409 |
renewable forever shall complete all applicable items in a | 410 |
property disclosure form prescribed under division (D) of this | 411 |
section and shall deliver in accordance with division (I) of this | 412 |
section a signed and dated copy of the completed form to each | 413 |
prospective transferee or prospective transferee's agent as soon | 414 |
as is practicable. | 415 |
(D)(1) Prior to July 1, 1993, the director of commerce, by | 416 |
rule adopted in accordance with Chapter 119. of the Revised Code, | 417 |
shall prescribe the disclosure form to be completed by | 418 |
transferors. The form prescribed by the director shall be designed | 419 |
to permit the transferor to disclose material matters relating to | 420 |
the physical condition of the property to be transferred, | 421 |
including, but not limited to, the source of water supply to the | 422 |
property; the nature of the sewer system serving the property; the | 423 |
condition of the structure of the property, including the roof, | 424 |
foundation, walls, and floors; the presence of hazardous materials | 425 |
or substances, including lead-based paint, asbestos, | 426 |
urea-formaldehyde foam insulation, and radon gas; and any material | 427 |
defects in the property that are within the actual knowledge of | 428 |
the transferor. | 429 |
The form also shall set forth a statement of the purpose of | 430 |
the form, including statements substantially similar to the | 431 |
following: that the form constitutes a statement of the conditions | 432 |
of the property and of information concerning the property | 433 |
actually known by the transferor; that, unless the transferee is | 434 |
otherwise advised in writing, the transferor, other than having | 435 |
lived at or owning the property, possesses no greater knowledge | 436 |
than that which could be obtained by a careful inspection of the | 437 |
property by a potential transferee; that the statement is not a | 438 |
warranty of any kind by the transferor or by any agent or subagent | 439 |
representing the transferor in this transaction; that the | 440 |
statement is not a substitute for any inspections; that the | 441 |
transferee is encouraged to obtain the transferee's own | 442 |
professional inspection; that the representations are made by the | 443 |
transferor and are not the representations of the transferor's | 444 |
agent or subagent; and that the form and the representations | 445 |
contained therein are provided by the transferor exclusively to | 446 |
potential transferees in a transfer made by the transferor, and | 447 |
are not made to transferees in any subsequent transfers. | 448 |
(3) The director shall revise the disclosure form to require | 463 |
disclosure of information concerning any illegal methamphetamine | 464 |
manufacturing laboratory that has been discovered on the property | 465 |
and inclusion of the property in the database established under | 466 |
section 109.5731 of the Revised Code. If the property has been | 467 |
removed from the database pursuant to that section, the property | 468 |
owner shall not be required to include any information regarding | 469 |
the illegal methamphetamine manufacturing laboratory on the | 470 |
disclosure form. The director shall revise the disclosure form | 471 |
within thirty days of the date on which rules adopted under | 472 |
division (B) of section 3701.181 of the Revised Code take effect. | 473 |
(F)(1) A transferor of residential real property is not | 489 |
liable in damages in a civil action for injury, death, or loss to | 490 |
person or property that allegedly arises from any error in, | 491 |
inaccuracy of, or omission of any item of information required to | 492 |
be disclosed in the property disclosure form if the error, | 493 |
inaccuracy, or omission was not within the transferor's actual | 494 |
knowledge. | 495 |
(2) If any item of information that is disclosed in the | 496 |
property disclosure form is rendered inaccurate after the delivery | 497 |
of the form to the transferee of residential real property or the | 498 |
transferee's agent as a result of any act, occurrence, or | 499 |
agreement, the subsequent inaccuracy does not cause, and shall not | 500 |
be construed as causing, the transferor of the residential real | 501 |
property to be in noncompliance with the requirements of divisions | 502 |
(C) and (D) of this section. | 503 |
(I) The transferor's delivery under division (C) of this | 519 |
section of a property disclosure form as prescribed under division | 520 |
(D) of this section and the prospective transferee's delivery | 521 |
under division (H) of this section of an acknowledgment of receipt | 522 |
of that form shall be made by personal delivery to the other party | 523 |
or the other party's agent or subagent, by ordinary mail or | 524 |
certified mail, return receipt requested, or by facsimile | 525 |
transmission. For the purposes of the delivery requirements of | 526 |
this section, the delivery of a property disclosure form to a | 527 |
prospective co-transferee of residential real property or a | 528 |
prospective co-transferee's agent shall be considered delivery to | 529 |
the other prospective transferees unless otherwise provided by | 530 |
contract. | 531 |
(J) The specification of items of information that must be | 532 |
disclosed in the property disclosure form as prescribed under | 533 |
divisiondivisions (D)(1) and (3) of this section does not limit | 534 |
or abridge, and shall not be construed as limiting or abridging, | 535 |
any obligation to disclose an item of information that is created | 536 |
by any other provision of the Revised Code or the common law of | 537 |
this state or that may exist in order to preclude fraud, either by | 538 |
misrepresentation, concealment, or nondisclosure in a transaction | 539 |
involving the transfer of residential real property. The | 540 |
disclosure requirements of this section do not bar, and shall not | 541 |
be construed as barring, the application of any legal or equitable | 542 |
defense that a transferor of residential real property may assert | 543 |
in a civil action commenced against the transferor by a | 544 |
prospective or actual transferee of that property. | 545 |
(K)(1) Except as provided in division (K)(2) of this section, | 546 |
but subject to divisions (J) and (L) of this section, a transfer | 547 |
of residential real property that is subject to this section shall | 548 |
not be invalidated because of the failure of the transferor to | 549 |
provide to the transferee in accordance with division (C) of this | 550 |
section a completed property disclosure form as prescribed under | 551 |
division (D) of this section. | 552 |
(2) Subject to division (K)(3)(c) of this section, if a | 553 |
transferee of residential real property that is subject to this | 554 |
section receives a property disclosure form or an amendment of | 555 |
that form as described in division (G) of this section after the | 556 |
transferee has entered into a transfer agreement with respect to | 557 |
the property, the transferee, after receipt of the form or | 558 |
amendment, may rescind the transfer agreement in a written, | 559 |
signed, and dated document that is delivered to the transferor or | 560 |
the transferor's agent or subagent in accordance with divisions | 561 |
(K)(3)(a) and (b) of this section, without incurring any legal | 562 |
liability to the transferor because of the rescission, including, | 563 |
but not limited to, a civil action for specific performance of the | 564 |
transfer agreement. Upon the rescission of the transfer agreement, | 565 |
the transferee is entitled to the return of, and the transferor | 566 |
shall return, any deposits made by the transferee in connection | 567 |
with the proposed transfer of the residential real property. | 568 |
(3)(a) Subject to division (K)(3)(b) of this section, a | 569 |
rescission of a transfer agreement under division (K)(2) of this | 570 |
section only may occur if the transferee's written, signed, and | 571 |
dated document of rescission is delivered to the transferor or the | 572 |
transferor's agent or subagent within three business days | 573 |
following the date on which the transferee or the transferee's | 574 |
agent receives the property disclosure form prescribed under | 575 |
division (D) of this section or the amendment of that form as | 576 |
described in division (G) of this section. | 577 |
(d) A rescission of a transfer agreement is not permissible | 587 |
under division (K)(2) of this section if a transferee of | 588 |
residential real property that is subject to this section receives | 589 |
a property disclosure form as prescribed under division (D) of | 590 |
this section or an amendment of that form as described in division | 591 |
(G) of this section prior to the transferee's submission to the | 592 |
transferor or the transferor's agent or subagent of a transfer | 593 |
offer and the transferee's entry into a transfer agreement with | 594 |
respect to the property. | 595 |
(4) If a transferee of residential real property subject to | 596 |
this section does not receive a property disclosure form from the | 597 |
transferor after the transferee has submitted to the transferor or | 598 |
the transferor's agent or subagent a transfer offer and has | 599 |
entered into a transfer agreement with respect to the property, | 600 |
the transferee may rescind the transfer agreement in a written, | 601 |
signed, and dated document that is delivered to the transferor or | 602 |
the transferor's agent or subagent in accordance with division | 603 |
(K)(4) of this section without incurring any legal liability to | 604 |
the transferor because of the rescission, including, but not | 605 |
limited to, a civil action for specific performance of the | 606 |
transfer agreement. Upon the rescission of the transfer agreement, | 607 |
the transferee is entitled to the return of, and the transferor | 608 |
shall return, any deposits made by the transferee in connection | 609 |
with the proposed transfer of the residential real property. A | 610 |
transferee may not rescind a transfer agreement under division | 611 |
(K)(4) of this section unless the transferee rescinds the transfer | 612 |
agreement by the earlier of the date that is thirty days after the | 613 |
date upon which the transferor accepted the transferee's transfer | 614 |
offer or the date of the closing of the transfer of the | 615 |
residential real property. | 616 |