The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 33 As Passed by the HouseAs Passed by the House
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Representatives Hagan, Williams, B., Boyd, Chandler, Harris, DeBose, Winburn, Bacon, Batchelder, Beck, Belcher, Bolon, Bubp, Celeste, Daniels, DeGeeter, Derickson, Dodd, Domenick, Driehaus, Evans, Fende, Foley, Garland, Garrison, Goyal, Grossman, Harwood, Heard, Koziura, Lehner, Letson, Luckie, Lundy, Mallory, Mandel, McClain, Moran, Murray, Oelslager, Otterman, Patten, Pillich, Pryor, Reece, Ruhl, Sayre, Skindell, Slesnick, Sykes, Szollosi, Weddington, Yuko
A BILL
To amend sections 2921.13, 4505.08, and 5302.30 and
to enact sections 109.5731 and 3701.181 of the
Revised Code to establish identification,
reporting, and disclosure requirements governing
illegal methamphetamine manufacturing laboratories
and to name the act the Methamphetamine Awareness
and Notification Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2921.13, 4505.08, and 5302.30 be
amended and sections 109.5731 and 3701.181 of the Revised Code be
enacted to read as follows:
Sec. 109.5731. (A) As used in this section, "illegal
methamphetamine manufacturing laboratory" has the same meaning as
in section 3745.13 of the Revised Code.
(B) If a law enforcement agency discovers an illegal
methamphetamine manufacturing laboratory, the law enforcement
agency that makes the discovery shall inform the superintendent of
the bureau of criminal identification and investigation in writing
of the location of the real property on which the laboratory is
discovered and provide any other information related to the
laboratory or to the property that the superintendent may require.
If an illegal methamphetamine manufacturing laboratory is
discovered in a room of a hotel, motel, or similar establishment,
the law enforcement agency shall inform the superintendent of that
room number or the location of that room within the hotel, motel,
or similar establishment.
(C) If a law enforcement agency discovers an illegal
methamphetamine manufacturing laboratory or its components in a
motor vehicle, the law enforcement agency that makes the discovery
shall inform the superintendent of the vehicle identification
number of the motor vehicle and provide any other information
related to the laboratory or components or to the motor vehicle
that the superintendent may require.
(D) The superintendent shall establish and maintain on the
attorney general's official web site a database of all properties
and motor vehicles reported to the superintendent pursuant to
division (B) or (C) of this section. The database entry for each
motor vehicle shall include the vehicle identification number of
the motor vehicle. The database entry for each property shall
include the name of the property's owner of record, the parcel
number of the property in the general tax list of the county, and
other information that would cause the property's inclusion in the
database to be discovered through a title search. If an illegal
methamphetamine manufacturing laboratory was discovered in the
room of a hotel, motel, or similar establishment, the database
entry shall include the room number or the location of the room
within the hotel, motel, or similar establishment.
The superintendent shall remove a property from the database
upon receipt from a property owner of a copy of an affidavit
required to be submitted to the property owner in accordance with
rules adopted under section 3701.181 of the Revised Code. Except
as provided in division (E) of this section, the superintendent
shall not remove a property from the database unless and until the
superintendent has received from the property owner a copy of an
affidavit regarding that property.
(E) The superintendent shall develop procedures for the
removal of a property from the database if the property was
included in the database erroneously or improperly.
(F) The attorney general shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section.
(G) Divisions (B) to (E) of this section and rules adopted
under division (F) of this section become operative on the
effective date of rules adopted by the director of health under
division (B) of section 3701.181 of the Revised Code.
Sec. 2921.13. (A) No person shall knowingly make a false
statement, or knowingly swear or affirm the truth of a false
statement previously made, when any of the following applies:
(1) The statement is made in any official proceeding.
(2) The statement is made with purpose to incriminate
another.
(3) The statement is made with purpose to mislead a public
official in performing the public official's official function.
(4) The statement is made with purpose to secure the payment
of unemployment compensation; Ohio works first; prevention,
retention, and contingency benefits and services; disability
financial assistance; retirement benefits; economic development
assistance, as defined in section 9.66 of the Revised Code; or
other benefits administered by a governmental agency or paid out
of a public treasury.
(5) The statement is made with purpose to secure the issuance
by a governmental agency of a license, permit, authorization,
certificate, registration, release, or provider agreement.
(6) The statement is sworn or affirmed before a notary public
or another person empowered to administer oaths.
(7) The statement is in writing on or in connection with a
report or return that is required or authorized by law.
(8) The statement is in writing and is made with purpose to
induce another to extend credit to or employ the offender, to
confer any degree, diploma, certificate of attainment, award of
excellence, or honor on the offender, or to extend to or bestow
upon the offender any other valuable benefit or distinction, when
the person to whom the statement is directed relies upon it to
that person's detriment.
(9) The statement is made with purpose to commit or
facilitate the commission of a theft offense.
(10) The statement is knowingly made to a probate court in
connection with any action, proceeding, or other matter within its
jurisdiction, either orally or in a written document, including,
but not limited to, an application, petition, complaint, or other
pleading, or an inventory, account, or report.
(11) The statement is made on an account, form, record,
stamp, label, or other writing that is required by law.
(12) The statement is made in connection with the purchase of
a firearm, as defined in section 2923.11 of the Revised Code, and
in conjunction with the furnishing to the seller of the firearm of
a fictitious or altered driver's or commercial driver's license or
permit, a fictitious or altered identification card, or any other
document that contains false information about the purchaser's
identity.
(13) The statement is made in a document or instrument of
writing that purports to be a judgment, lien, or claim of
indebtedness and is filed or recorded with the secretary of state,
a county recorder, or the clerk of a court of record.
(14) The statement is made in an application filed with a
county sheriff pursuant to section 2923.125 of the Revised Code in
order to obtain or renew a license to carry a concealed handgun or
is made in an affidavit submitted to a county sheriff to obtain a
temporary emergency license to carry a concealed handgun under
section 2923.1213 of the Revised Code.
(15) The statement is required under section 5743.71 of the
Revised Code in connection with the person's purchase of
cigarettes or tobacco products in a delivery sale.
(16) The statement is made in an affidavit required by rules
adopted under section 3701.181 of the Revised Code.
(B) No person, in connection with the purchase of a firearm,
as defined in section 2923.11 of the Revised Code, shall knowingly
furnish to the seller of the firearm a fictitious or altered
driver's or commercial driver's license or permit, a fictitious or
altered identification card, or any other document that contains
false information about the purchaser's identity.
(C) No person, in an attempt to obtain a license to carry a
concealed handgun under section 2923.125 of the Revised Code,
shall knowingly present to a sheriff a fictitious or altered
document that purports to be certification of the person's
competence in handling a handgun as described in division (B)(3)
of section 2923.125 of the Revised Code.
(D) It is no defense to a charge under division (A)(6) of
this section that the oath or affirmation was administered or
taken in an irregular manner.
(E) If contradictory statements relating to the same fact are
made by the offender within the period of the statute of
limitations for falsification, it is not necessary for the
prosecution to prove which statement was false but only that one
or the other was false.
(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),
(6), (7), (8), (10), (11), (13), or (15), or (16) of this section
is guilty of falsification, a misdemeanor of the first degree.
(2) Whoever violates division (A)(9) of this section is
guilty of falsification in a theft offense. Except as otherwise
provided in this division, falsification in a theft offense is a
misdemeanor of the first degree. If the value of the property or
services stolen is five hundred dollars or more and is less than
five thousand dollars, falsification in a theft offense is a
felony of the fifth degree. If the value of the property or
services stolen is five thousand dollars or more and is less than
one hundred thousand dollars, falsification in a theft offense is
a felony of the fourth degree. If the value of the property or
services stolen is one hundred thousand dollars or more,
falsification in a theft offense is a felony of the third degree.
(3) Whoever violates division (A)(12) or (B) of this section
is guilty of falsification to purchase a firearm, a felony of the
fifth degree.
(4) Whoever violates division (A)(14) or (C) of this section
is guilty of falsification to obtain a concealed handgun license,
a felony of the fourth degree.
(G) A person who violates this section is liable in a civil
action to any person harmed by the violation for injury, death, or
loss to person or property incurred as a result of the commission
of the offense and for reasonable attorney's fees, court costs,
and other expenses incurred as a result of prosecuting the civil
action commenced under this division. A civil action under this
division is not the exclusive remedy of a person who incurs
injury, death, or loss to person or property as a result of a
violation of this section.
Sec. 3701.181. (A) The owner of real property that pursuant
to section 109.5731 of the Revised Code has been included in the
bureau of criminal identification and investigation's database of
properties on which illegal methamphetamine manufacturing
laboratories have been discovered may submit to the director of
health and to the superintendent of the bureau of criminal
identification and investigation a copy of the affidavit that is
required to be submitted to the owner by a contractor in
accordance with rules adopted under this section attesting that
methamphetamine residue has been removed from the property in
accordance with guidelines established in those rules.
(B) The director of health may adopt rules in accordance with
Chapter 119. of the Revised Code establishing guidelines for the
removal of methamphetamine residue from real property on which an
illegal methamphetamine manufacturing laboratory has been
discovered when a federal agency establishes guidelines for the
removal of methamphetamine residue from real property. Rules
adopted under this section shall conform with the guidelines
established by the federal agency. In addition, the rules shall
require a contractor responsible for conducting the removal of
methamphetamine residue from real property to submit to the owner
of the real property a notarized affidavit that attests that the
contractor has removed the methamphetamine residue in compliance
with the guidelines that are established in rules adopted under
this section and that conform with the guidelines established by
the federal agency.
(C) As used in this section, "illegal methamphetamine
manufacturing laboratory" has the same meaning as in section
3745.13 of the Revised Code.
Sec. 4505.08. (A) When the clerk of a court of common pleas
issues a physical certificate of title, the clerk shall issue the
certificate of title on a form and in a manner prescribed by the
registrar of motor vehicles. The clerk shall file a copy of the
physical evidence for the creation of the certificate of title in
a manner prescribed by the registrar. A clerk may retain digital
images of documents used as evidence for issuance of a certificate
of title. Certified printouts of documents retained as digital
images shall have the same evidentiary value as the original
physical documents. The record of the issuance of the certificate
of title shall be maintained in the automated title processing
system. The clerk shall sign and affix the clerk's seal to the
original certificate of title and, if there are no liens on the
motor vehicle, shall deliver the certificate to the applicant or
the selling dealer. If there are one or more liens on the motor
vehicle, the certificate of title shall be delivered to the holder
of the first lien or the selling dealer, who shall deliver the
certificate of title to the holder of the first lien.
The registrar shall prescribe a uniform method of numbering
certificates of title, and such numbering shall be in such manner
that the county of issuance is indicated. The clerk shall assign
numbers to certificates of title in the manner prescribed by the
registrar. The clerk shall file all certificates of title
according to rules to be prescribed by the registrar, and the
clerk shall maintain in the clerk's office indexes for the
certificates of title.
The clerk need not retain on file any current certificates of
title, current duplicate certificates of title, current memorandum
certificates of title, or current salvage certificates of title,
or supporting evidence of them covering any motor vehicle or
manufactured or mobile home for a period longer than seven years
after the date of its filing; thereafter, the documents and
supporting evidence may be destroyed. The clerk need not retain on
file any inactive records, including certificates of title,
duplicate certificates of title, or memorandum certificates of
title, or supporting evidence of them, including the electronic
record described in division (A) of section 4505.06 of the Revised
Code, covering any motor vehicle or manufactured or mobile home
for a period longer than five years after the date of its filing;
thereafter, the documents and supporting evidence may be
destroyed.
The automated title processing system shall contain all
active records and an index of the active records, a record and
index of all inactive titles for ten years, and a record and index
of all inactive titles for manufactured and mobile homes for
thirty years. If the clerk provides a written copy of any
information contained in the database, the copy shall be
considered the original for purposes of the clerk certifying the
record of the information for use in any legal proceeding.
(B)(1) If the clerk issues a certificate of title for a motor
vehicle that was last previously registered in another state, the
clerk shall record verbatim, where practicable, in the space on
the title described in division (B)(19) of section 4505.07 of the
Revised Code, the words that appear as a notation to the vehicle
on the title issued by the previous state. These notations may
include, but are not limited to, words to the effect that the
vehicle was considered or was categorized by the state in which it
was last previously registered to be a law enforcement vehicle or
a taxicab or was once in a flood.
(2) If the clerk, while issuing a certificate of title for a
motor vehicle that was last previously registered in another
state, receives information from the automated title processing
system indicating that a title to the vehicle previously was
issued by this state and that the previous title contained
notations that appeared in the space described in division (B)(19)
or (20) of section 4505.07 of the Revised Code, the clerk shall
enter the notations that appeared on the previous certificate of
title issued by this state on the new certificate of title in the
space described in division (B)(19) or (20) of section 4505.07 of
the Revised Code, irrespective of whether the notations appear on
the certificate of title issued by the state in which the vehicle
was last previously registered.
(3) If the clerk, while issuing a certificate of title for a
motor vehicle that was last previously registered in another
state, receives information from the automated title processing
system indicating that the vehicle was previously issued a title
by this state and that the previous title bore the notation
"REBUILT SALVAGE" as required by division (E) of section 4505.11
of the Revised Code, or the previous title to the vehicle issued
by this state was a salvage certificate of title, the clerk shall
cause the certificate of title the clerk issues to bear the
notation "REBUILT SALVAGE" in the location prescribed by the
registrar pursuant to that division.
(C) When the clerk issues a certificate of title for a motor
vehicle that was last previously registered in this state and was
a law enforcement vehicle or a taxicab or was once in a flood, the
clerk shall record that information in the space on the title
described in division (B)(20) of section 4505.07 of the Revised
Code. In addition, when the clerk issues a certificate of title to
a law enforcement agency for a motor vehicle that has been seized
by the agency and the clerk is informed by the agency that the
vehicle is listed on the illegal methamphetamine manufacturing
laboratory database established under section 109.5731 of the
Revised Code, the clerk shall record that information in the space
on the title described in division (B)(20) of section 4505.07 of
the Revised Code. The registrar, by rule, may prescribe any
additional uses of or happenings to a motor vehicle that the
registrar has reason to believe should be noted on the certificate
of title as provided in this division.
As used in this division, "law enforcement agency" has the
same meaning as in section 109.573 of the Revised Code.
(D) The clerk shall use reasonable care in recording or
entering onto titles the clerk issues any notation and information
the clerk is required by divisions (B) and (C) of this section to
record or enter and in causing the titles the clerk issues to bear
any notation required by those divisions, but the clerk is not
liable for any of the clerk's errors or omissions or those of the
clerk's deputies, or the automated title processing system, in the
performance of the duties imposed on the clerk by this section.
(E) The clerk may issue a duplicate title, when duly applied
for, of any title that has been destroyed as herein provided.
(F) Except as provided in section 4505.021 of the Revised
Code, the clerk shall issue a physical certificate of title to an
applicant unless the applicant specifically requests the clerk not
to issue a physical certificate of title and instead to issue an
electronic certificate of title. The fact that a physical
certificate of title is not issued for a motor vehicle does not
affect ownership of the vehicle. In that case, when the clerk
completes the process of entering certificate of title application
information into the automated title processing system, the effect
of the completion of the process is the same as if the clerk
actually issued a physical certificate of title for the motor
vehicle.
(G) An electronic motor vehicle dealer who applies for a
certificate of title on behalf of a customer who purchases a motor
vehicle from the dealer may print a non-negotiable evidence of
ownership for the customer if the customer so requests. The
authorization to print the non-negotiable evidence of ownership
shall come from the clerk with whom the dealer makes application
for the certificate of title for the customer, but the printing by
the dealer does not create an agency relationship of any kind
between the dealer and the clerk.
(H) The owner of a motor vehicle may apply at any time to a
clerk of a court of common pleas for a non-negotiable evidence of
ownership for the motor vehicle.
Sec. 5302.30. (A) As used in this section:
(1) "Good faith" means honesty in fact in a transaction
involving the transfer of residential real property.
(2) "Land installment contract" has the same meaning as in
section 5313.01 of the Revised Code.
(3) "Political subdivision" and "state" have the same
meanings as in section 2744.01 of the Revised Code.
(4) "Residential real property" means real property that is
improved by a building or other structure that has one to four
dwelling units.
(B)(1) Except as provided in division (B)(2) of this section,
this section applies to any transfer of residential real property
that occurs on or after July 1, 1993, by sale, land installment
contract, lease with option to purchase, exchange, or lease for a
term of ninety-nine years and renewable forever. For purposes of
this section, a transfer occurs when the initial contract for
transfer is executed, regardless of when legal title is
transferred, and references in this section to transfer offers and
transfer agreements refer to offers and agreements in respect of
the initial contract for transfer.
(2) This section does not apply to any transfer of
residential real property that is any of the following:
(a) A transfer pursuant to court order, including, but not
limited to, a transfer ordered by a probate court during the
administration of a decedent's estate, a transfer pursuant to a
writ of execution, a transfer by a trustee in bankruptcy, a
transfer as a result of the exercise of the power of eminent
domain, and a transfer that results from a decree for specific
performance of a contract or other agreement between persons;
(b) A transfer to a mortgagee by a mortgagor by deed in lieu
of foreclosure or in satisfaction of the mortgage debt;
(c) A transfer to a beneficiary of a deed of trust by a
trustor in default;
(d) A transfer by a foreclosure sale that follows a default
in the satisfaction of an obligation secured by a mortgage;
(e) A transfer by a sale under a power of sale following a
default in the satisfaction of an obligation that is secured by a
deed of trust or another instrument containing a power of sale;
(f) A transfer by a mortgagee, or a beneficiary under a deed
of trust, who has acquired the residential real property at a sale
conducted pursuant to a power of sale under a mortgage or a deed
of trust or who has acquired the residential real property by a
deed in lieu of foreclosure;
(g) A transfer by a fiduciary in the course of the
administration of a decedent's estate, a guardianship, a
conservatorship, or a trust;
(h) A transfer from one co-owner to one or more other
co-owners;
(i) A transfer made to the transferor's spouse or to one or
more persons in the lineal line of consanguinity of one or more of
the transferors;
(j) A transfer between spouses or former spouses as a result
of a decree of divorce, dissolution of marriage, annulment, or
legal separation or as a result of a property settlement agreement
incidental to a decree of divorce, dissolution of marriage,
annulment, or legal separation;
(k) A transfer to or from the state, a political subdivision
of the state, or another governmental entity;
(l) A transfer that involves newly constructed residential
real property that previously has not been inhabited;
(m) A transfer to a transferee who has occupied the property
as a personal residence for one or more years immediately prior to
the transfer;
(n) A transfer from a transferor who both has not occupied
the property as a personal residence within one year immediately
prior to the transfer and has acquired the property through
inheritance or devise.
(C) Except as provided in division (B)(2) of this section and
subject to divisions (E) and (F) of this section, every person who
intends to transfer any residential real property on or after July
1, 1993, by sale, land installment contract, lease with option to
purchase, exchange, or lease for a term of ninety-nine years and
renewable forever shall complete all applicable items in a
property disclosure form prescribed under division (D) of this
section and shall deliver in accordance with division (I) of this
section a signed and dated copy of the completed form to each
prospective transferee or prospective transferee's agent as soon
as is practicable.
(D)(1) Prior to July 1, 1993, the director of commerce, by
rule adopted in accordance with Chapter 119. of the Revised Code,
shall prescribe the disclosure form to be completed by
transferors. The form prescribed by the director shall be designed
to permit the transferor to disclose material matters relating to
the physical condition of the property to be transferred,
including, but not limited to, the source of water supply to the
property; the nature of the sewer system serving the property; the
condition of the structure of the property, including the roof,
foundation, walls, and floors; the presence of hazardous materials
or substances, including lead-based paint, asbestos,
urea-formaldehyde foam insulation, and radon gas; and any material
defects in the property that are within the actual knowledge of
the transferor.
The form also shall set forth a statement of the purpose of
the form, including statements substantially similar to the
following: that the form constitutes a statement of the conditions
of the property and of information concerning the property
actually known by the transferor; that, unless the transferee is
otherwise advised in writing, the transferor, other than having
lived at or owning the property, possesses no greater knowledge
than that which could be obtained by a careful inspection of the
property by a potential transferee; that the statement is not a
warranty of any kind by the transferor or by any agent or subagent
representing the transferor in this transaction; that the
statement is not a substitute for any inspections; that the
transferee is encouraged to obtain the transferee's own
professional inspection; that the representations are made by the
transferor and are not the representations of the transferor's
agent or subagent; and that the form and the representations
contained therein are provided by the transferor exclusively to
potential transferees in a transfer made by the transferor, and
are not made to transferees in any subsequent transfers.
The form shall include instructions to the transferor for
completing the form, space in which the transferor or transferors
shall sign and date the form, and space in which the transferee or
transferees shall sign and date the form acknowledging receipt of
a copy of the form and stating that the transferee or transferees
understand the purpose of the form as stated thereon.
(2) Not later than January 1, 2006, the director shall revise
the disclosure form to include a statement that information on the
operation and maintenance of the type of sewage treatment system
serving the property is available from the department of health or
the board of health of the health district in which the property
is located.
As used in this section, "sewage treatment system" has the
same meaning as in section 3718.01 of the Revised Code.
(3) The director shall revise the disclosure form to require
disclosure of information concerning any illegal methamphetamine
manufacturing laboratory that has been discovered on the property
and inclusion of the property in the database established under
section 109.5731 of the Revised Code. If the property has been
removed from the database pursuant to that section, the property
owner shall not be required to include any information regarding
the illegal methamphetamine manufacturing laboratory on the
disclosure form. The director shall revise the disclosure form
within thirty days of the date on which rules adopted under
division (B) of section 3701.181 of the Revised Code take effect.
As used in this section, "illegal methamphetamine
manufacturing laboratory" has the same meaning as in section
3745.13 of the Revised Code.
(E)(1) Each disclosure of an item of information that is
required to be made in the property disclosure form prescribed
under division (D) of this section in connection with particular
residential real property and each act that may be performed in
making any disclosure of an item of information shall be made or
performed in good faith.
(2) If an item of information is unknown to the transferor of
residential real property at the time the item is required to be
disclosed in the property disclosure form and if the approximation
is not used for the purpose of circumventing or otherwise evading
divisions (C) and (D) of this section, the transferor may make a
good faith approximation of the item of information.
(F)(1) A transferor of residential real property is not
liable in damages in a civil action for injury, death, or loss to
person or property that allegedly arises from any error in,
inaccuracy of, or omission of any item of information required to
be disclosed in the property disclosure form if the error,
inaccuracy, or omission was not within the transferor's actual
knowledge.
(2) If any item of information that is disclosed in the
property disclosure form is rendered inaccurate after the delivery
of the form to the transferee of residential real property or the
transferee's agent as a result of any act, occurrence, or
agreement, the subsequent inaccuracy does not cause, and shall not
be construed as causing, the transferor of the residential real
property to be in noncompliance with the requirements of divisions
(C) and (D) of this section.
(G) Any disclosure of an item of information in the property
disclosure form prescribed under division (D) of this section may
be amended in writing by the transferor of residential real
property at any time following the delivery of the form in
accordance with divisions (C) and (I) of this section. The
amendment shall be subject to this section.
(H) Except as provided in division (B)(2) of this section,
every prospective transferee of residential real property who
receives in accordance with division (C) of this section a signed
and dated copy of a completed property disclosure form as
prescribed under division (D) of this section shall acknowledge
receipt of the form by doing both of the following:
(1) Signing and dating a copy of the form;
(2) Delivering a signed and dated copy of the form to the
transferor or the transferor's agent or subagent.
(I) The transferor's delivery under division (C) of this
section of a property disclosure form as prescribed under division
(D) of this section and the prospective transferee's delivery
under division (H) of this section of an acknowledgment of receipt
of that form shall be made by personal delivery to the other party
or the other party's agent or subagent, by ordinary mail or
certified mail, return receipt requested, or by facsimile
transmission. For the purposes of the delivery requirements of
this section, the delivery of a property disclosure form to a
prospective co-transferee of residential real property or a
prospective co-transferee's agent shall be considered delivery to
the other prospective transferees unless otherwise provided by
contract.
(J) The specification of items of information that must be
disclosed in the property disclosure form as prescribed under
division divisions (D)(1) and (3) of this section does not limit
or abridge, and shall not be construed as limiting or abridging,
any obligation to disclose an item of information that is created
by any other provision of the Revised Code or the common law of
this state or that may exist in order to preclude fraud, either by
misrepresentation, concealment, or nondisclosure in a transaction
involving the transfer of residential real property. The
disclosure requirements of this section do not bar, and shall not
be construed as barring, the application of any legal or equitable
defense that a transferor of residential real property may assert
in a civil action commenced against the transferor by a
prospective or actual transferee of that property.
(K)(1) Except as provided in division (K)(2) of this section,
but subject to divisions (J) and (L) of this section, a transfer
of residential real property that is subject to this section shall
not be invalidated because of the failure of the transferor to
provide to the transferee in accordance with division (C) of this
section a completed property disclosure form as prescribed under
division (D) of this section.
(2) Subject to division (K)(3)(c) of this section, if a
transferee of residential real property that is subject to this
section receives a property disclosure form or an amendment of
that form as described in division (G) of this section after the
transferee has entered into a transfer agreement with respect to
the property, the transferee, after receipt of the form or
amendment, may rescind the transfer agreement in a written,
signed, and dated document that is delivered to the transferor or
the transferor's agent or subagent in accordance with divisions
(K)(3)(a) and (b) of this section, without incurring any legal
liability to the transferor because of the rescission, including,
but not limited to, a civil action for specific performance of the
transfer agreement. Upon the rescission of the transfer agreement,
the transferee is entitled to the return of, and the transferor
shall return, any deposits made by the transferee in connection
with the proposed transfer of the residential real property.
(3)(a) Subject to division (K)(3)(b) of this section, a
rescission of a transfer agreement under division (K)(2) of this
section only may occur if the transferee's written, signed, and
dated document of rescission is delivered to the transferor or the
transferor's agent or subagent within three business days
following the date on which the transferee or the transferee's
agent receives the property disclosure form prescribed under
division (D) of this section or the amendment of that form as
described in division (G) of this section.
(b) A transferee may not rescind a transfer agreement under
division (K)(2) of this section unless the transferee rescinds the
transfer agreement by the earlier of the date that is thirty days
after the date upon which the transferor accepted the transferee's
transfer offer or the date of the closing of the transfer of the
residential real property.
(c) A transferee of residential real property may waive the
right of rescission of a transfer agreement described in division
(K)(2) of this section.
(d) A rescission of a transfer agreement is not permissible
under division (K)(2) of this section if a transferee of
residential real property that is subject to this section receives
a property disclosure form as prescribed under division (D) of
this section or an amendment of that form as described in division
(G) of this section prior to the transferee's submission to the
transferor or the transferor's agent or subagent of a transfer
offer and the transferee's entry into a transfer agreement with
respect to the property.
(4) If a transferee of residential real property subject to
this section does not receive a property disclosure form from the
transferor after the transferee has submitted to the transferor or
the transferor's agent or subagent a transfer offer and has
entered into a transfer agreement with respect to the property,
the transferee may rescind the transfer agreement in a written,
signed, and dated document that is delivered to the transferor or
the transferor's agent or subagent in accordance with division
(K)(4) of this section without incurring any legal liability to
the transferor because of the rescission, including, but not
limited to, a civil action for specific performance of the
transfer agreement. Upon the rescission of the transfer agreement,
the transferee is entitled to the return of, and the transferor
shall return, any deposits made by the transferee in connection
with the proposed transfer of the residential real property. A
transferee may not rescind a transfer agreement under division
(K)(4) of this section unless the transferee rescinds the transfer
agreement by the earlier of the date that is thirty days after the
date upon which the transferor accepted the transferee's transfer
offer or the date of the closing of the transfer of the
residential real property.
(L) The right of rescission of a transfer agreement described
in division (K)(2) of this section or the absence of that right
does not affect, and shall not be construed as affecting, any
other legal causes of action or other remedies that a transferee
or prospective transferee of residential real property may possess
against the transferor of that property.
Section 2. That existing sections 2921.13, 4505.08, and
5302.30 of the Revised Code are hereby repealed.
Section 3. This act shall be known as the Methamphetamine
Awareness and Notification Act.
|
|