reglab/housing_qa huggingface dataset:
Ohio Rev Code § 1311.86 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.86 | Broker's Lien on Commercial Real Estate.

Effective: March 27, 2013|Latest Legislation:  House Bill 510 - 129th General Assembly|(A) Any broker that enters into a written contract for services related to selling, leasing, or conveying any interest in commercial real estate has a lien on that commercial real estate. The lien is effective only if the contract for services is in writing and is signed by the broker or the broker's agent and the owner of the lien property or the owner's agent. (B) Any broker that enters into a written contract for services related to purchasing any interest in commercial real estate has a lien on any real estate purchased pursuant to that contract. The lien is effective only if the contract for services is in writing and is signed by the broker or the broker's agent and the owner of the lien property or the owner's agent.(C)(1) Only the broker named in the contract has a lien pursuant to this section and a lien is not available to any employee or independent contractor of the broker.(2) The amount of a lien for services related to selling or conveying any interest in commercial real estate is limited to the amount due to the broker pursuant to the contract. If the amount due to the broker is payable in installments, a portion of which is due after conveyance, the amount of the lien is limited to the amount due to the broker prior to or upon conveyance.(3) The amount of a lien for services related to leasing any interest in commercial real estate is limited to the amount due to the broker pursuant to the contract. If the amount due to the broker is payable in installments, the amount of the lien is limited to the amount of all installment payments due to the broker over the life of the contract, minus the amount of any installment payments made under the contract prior to the time of the owner's default.(4) The amount of a lien for services related to purchasing any interest in commercial real estate is limited to the amount due to the broker pursuant to the contract. If the amount due to the broker is payable in installments, the amount of the lien is limited to the amount of all installment payments due to the broker over the life of the contract, minus the amount of any installment payments made under the contract prior to the time the lien is filed.(5) The lien is effective only against the interest in real estate that is the subject of the contract.
Ohio Rev Code § 1311.87 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.87 | Perfection of Lien.

Effective: March 31, 2021|Latest Legislation:  Senate Bill 39 - 133rd General Assembly|(A)(1) A lien established pursuant to section 1311.86 of the Revised Code is perfected when both of the following have occurred:  (a) The broker is entitled to a fee or commission under the contract. (b) The broker has met the requirements of division (B) of this section. (2) The lien is perfected as of the date the requirements of division (A)(1) of this section are met and does not relate back to an earlier date. (B) To perfect a lien pursuant to division (A)(1) of this section, a broker shall comply with all of the following: (1) The broker shall record a lien affidavit in the county recorder's office of the county in which the real estate is located. The recorder shall record on the affidavit the date and precise time the affidavit was presented for record, and shall record the affidavit. The recorder shall charge and collect the fees set forth in section 317.32 of the Revised Code for the recorder's services. (2)(a) The lien affidavit shall include the name of the broker who has the lien, the name of the owner of the lien property, a legal description of the lien property, the amount for which the lien is claimed, the date and a summary of the written contract on which the lien is based, and the real estate license number of the broker. The lien affidavit shall state that the information contained in the affidavit is true and accurate to the knowledge of the signator, be signed by the broker or the broker's agent, and be verified. (b) For purposes of division (B)(2)(a) of this section, a description that is sufficient to describe the lien property for the purpose of conveyance, or is contained in the instrument by which the owner took title, is a legal description. (3) A lien affidavit based on the sale of lien property shall be recorded prior to the conveyance of the lien property. (4) A lien affidavit based on the purchase of lien property shall be recorded within ninety days after the conveyance of the lien property. (5) A lien affidavit based on a lease of lien property shall be recorded within ninety days after a default by the owner in the payment of an amount due under a written contract for services related to leasing the lien property. (6) Within three days of the recording of the lien affidavit, the broker shall provide a copy of the lien affidavit to the owner of the lien property and, where a contract for the sale or other conveyance of the lien property has been entered into, to the prospective transferee, where known, by personal delivery or by certified mail, commercial carrier service, or any other method that includes written evidence of receipt. (C) Initial leases, lease renewals, and expansions of the space leased shall be treated as separate leases for purposes of division (B)(5) of this section.
Ohio Rev Code § 1311.88 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.88 | Proceedings to Enforce Lien.

Effective: March 31, 2021|Latest Legislation:  Senate Bill 39 - 133rd General Assembly|(A) To commence proceedings to enforce a lien, a broker shall comply with all of the following:  (1) The broker shall file a complaint in the common pleas court in the county where the lien property is located. (2)(a) The complaint shall be filed within two years following the recording of the lien affidavit as provided in division (B) of section 1311.87 of the Revised Code. (b) Failure to file a complaint within the time specified in this division extinguishes the lien, in which case no subsequent lien affidavit may be recorded for the same claim and the claim may not be asserted in any proceeding under this section. (3) A complaint shall identify the contract upon which the lien is based and the date of the contract, describe the services performed by the broker pursuant to the contract, specify the unpaid amounts due to the broker pursuant to the contract, specify the address of the lien property, and have a copy of the contract attached. (4) The broker shall name as defendants in the complaint all parties that have a legal or equitable interest in the lien property of whom the broker has knowledge. (B)(1) The owner may demand that the broker commence a suit to enforce a broker's lien by serving a written notice of demand on the broker by personal delivery or by certified mail, commercial carrier service, or any other method that includes written evidence of receipt. (2) If the broker does not commence the suit within twenty-eight days after receipt of the notice of demand, the lien is extinguished. (C) In an action based on a broker's lien, a court shall assess the nonprevailing parties with all costs and reasonable attorney's fees incurred by the prevailing parties. If the broker prevails, the assessed costs and attorney's fees shall include all those incurred by the broker to perfect and enforce the broker lien including any litigation costs and any prejudgment interest due. The court shall equitably apportion the assessed costs, attorney's fees, and prejudgment interest among all responsible nonprevailing parties.
Ohio Rev Code § 1311.89 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.89 | Sale of Foreclosed Property - Alternative Dispute Resolution.

Effective: September 11, 1997|Latest Legislation:  House Bill 158 - 122nd General Assembly|(A) All liens claimed under sections 1311.85 to 1311.93 of the Revised Code shall be subject to section 2323.07 of the Revised Code unless the parties agree to proceed pursuant to division (B) of this section.(B) If the broker and owner agree to alternative dispute resolution (ADR), the claim shall be heard and resolved in the agreed upon ADR forum. The court shall retain jurisdiction to enter and enforce the award or other result of ADR on all interested parties to the foreclosure.
Ohio Rev Code § 1311.90 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.90 | Broker to Record Release or Satisfaction.

Effective: March 31, 2021|Latest Legislation:  Senate Bill 39 - 133rd General Assembly|(A) A broker shall record a written release or satisfaction of the broker's lien in the county recorder's office of the county in which the lien was recorded within ten days after any of the following: (1) Moneys in an amount sufficient to release the broker's lien established pursuant to section 1311.86 of the Revised Code have been deposited in an escrow account established pursuant to section 1311.92 of the Revised Code. (2) The owner satisfies the claim upon which the broker's lien is based. (3) The broker fails to file a claim to enforce a lien within the time specified in section 1311.88 of the Revised Code. (4) The claim upon which the broker's lien is based has been resolved by a written agreement of the broker and owner, by a court, or by any process agreed to by the broker and owner. (B) Within three days of the recording of the release or satisfaction, the broker shall provide the owner with a copy of the release or satisfaction by personal delivery or by certified mail, commercial carrier service, or any other method that includes written evidence of receipt.
Ohio Rev Code § 1311.91 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.91 | Priority of Mechanic's Liens.

Effective: September 11, 1997|Latest Legislation:  House Bill 158 - 122nd General Assembly|All valid mechanic's liens, arising pursuant to and perfected in accordance with Chapter 1311. of the Revised Code, and all prior recorded liens and mortgages have priority over a broker's lien perfected pursuant to section 1311.87 of the Revised Code.
Ohio Rev Code § 1311.92 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.92 | Transfer of Lien Property - Escrow Account.

Effective: September 11, 1997|Latest Legislation:  House Bill 158 - 122nd General Assembly|(A) Except as provided in division (D) of this section, to enable a transfer of lien property to close when a broker's perfected lien may otherwise prevent the closing, a separate escrow account shall be established by the owner into which moneys from the proceeds of the closing shall be deposited in an amount sufficient to release the broker's lien. The moneys shall be held in escrow and shall only be released as ordered by a court of competent jurisdiction, or as directed by agreement of the broker and owner or by any process agreed to by the broker and owner.(B) An owner may not refuse to close a transfer of lien property because of the requirement to establish an escrow account under division (A) of this section. A prospective transferee of lien property shall not refuse to close the transfer of the lien property solely because the broker recorded a lien affidavit under this section, if all of the following have occurred:(1) The owner has established the escrow account required by division (A) of this section;(2) The prospective transferee has received from the escrow agent for the escrow account required by division (A) of this section a verified statement that the escrow account has been established.(C) When funds have been placed in escrow pursuant to division (A) of this section, the broker claiming a broker's lien under this section has an equitable lien on the escrowed funds, and the lien recorded on the lien property shall be extinguished as a matter of law.(D) The broker and owner are not required to follow the escrow procedures described in this section if either of the following applies:(1) An alternative procedure is available that would allow the transfer of lien property to close and that procedure is acceptable to the broker and prospective transferee.(2) The proceeds from the transfer of lien property would be insufficient to release all liens, including the broker's lien, that are claimed against the lien property.
Ohio Rev Code § 1311.93 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.93 | Liability of Broker.

Effective: September 11, 1997|Latest Legislation:  House Bill 158 - 122nd General Assembly|Any broker that asserts or records a spurious or materially inaccurate broker's lien under this section or fails to release or acknowledge release or satisfaction of a broker's lien in compliance with this section, is liable for damages incurred by any person who has a legal or equitable interest in the lien property.
Ohio Rev Code § 1312.01 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1312 | Residential Contractor Right to Cure|Section 1312.01 | Definitions.

Effective: May 27, 2005|Latest Legislation:  House Bill 175 - 125th General Assembly|As used in this chapter:(A) "Construction defect" means a deficiency that arises directly or indirectly out of the construction or the substantial rehabilitation of a residential building. "Substantial rehabilitation" includes the addition of a room and the removal or installation of a wall, partition, or portion of the structural design.(B) "Dwelling action" means any civil action in contract or tort for damages or indemnity brought against a residential contractor for damages or the loss of use of real property caused by a construction defect.(C) "Owner" means an owner or a prospective owner of a residential building or a dwelling unit in a residential building who enters into a contract with a residential contractor for the construction or substantial rehabilitation of that residential building or unit.(D) "Residential building" means a structure that is a one-family, two-family, or three-family dwelling house or a dwelling unit within that structure, any accessory structures incidental to that dwelling house, and a unit in a condominium development in which the owner holds title to that unit. "Residential building" includes any structure that is used as a model to promote the sale of a similar dwelling house.(E) "Residential contractor" means a person or entity who, for pay, enters into a contract with an owner for the construction or the substantial rehabilitation of a residential building and who has primary responsibility for the construction or substantial rehabilitation of a residential building.(F) "Accessory structure" has the same meaning as in section 3781.06 of the Revised Code.
Ohio Rev Code § 1312.02 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1312 | Residential Contractor Right to Cure|Section 1312.02 | Application of Chapter.

Effective: May 27, 2005|Latest Legislation:  House Bill 175 - 125th General Assembly|This chapter applies only to an owner and a residential contractor who enter into a contract for the construction or the substantial rehabilitation of a residential building.
Ohio Rev Code § 1312.03 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1312 | Residential Contractor Right to Cure|Section 1312.03 | Notice of Contractor's Right to Resolve Alleged Defects.

Effective: May 27, 2005|Latest Legislation:  House Bill 175 - 125th General Assembly|Upon entering into a contract for the construction or the substantial rehabilitation of a residential building, a residential contractor shall provide the owner with notice of the contractor's right to offer to resolve any alleged construction defect before the owner may commence a dwelling action or arbitration proceedings against the contractor. The contractor may include the notice in the contract or provide the notice as a separate document delivered at the time the owner signs the contract. The notice shall be conspicuous and in substantially the following form:OHIO LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS FOR DEFECTIVE CONSTRUCTION AGAINST THE RESIDENTIAL CONTRACTOR WHO CONSTRUCTED YOUR HOME. AT LEAST SIXTY DAYS BEFORE YOU FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS, YOU MUST PROVIDE THE CONTRACTOR WITH A WRITTEN NOTICE OF THE CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER CHAPTER 1312. OF THE OHIO REVISED CODE, THE CONTRACTOR HAS AN OPPORTUNITY TO OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER THE CONTRACTOR MAKES. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS.
Ohio Rev Code § 1312.04 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1312 | Residential Contractor Right to Cure|Section 1312.04 | Notice to Contractor of Alleged Defects Prior to Action.

Effective: May 27, 2005|Latest Legislation:  House Bill 175 - 125th General Assembly|(A) No owner shall commence arbitration proceedings or file a dwelling action against a residential contractor unless, at least sixty days before commencing the proceedings or filing the action, the owner provides the contractor with written notice of the construction defect that would be the basis of the arbitration proceedings or the dwelling action. The notice shall be in writing and mailed, sent by telegram, delivered in person, or sent by any means the contractor has indicated communications may be sent, including facsimile transmission and electronic mail. The notice shall substantially comply with the requirements set forth in division (B) of this section.(B) Any notice that an owner provides to a contractor pursuant to this section shall substantially do all of the following:(1) Assert a claim involving a construction defect by itemizing and describing those construction defects;(2) Include or attach a copy of any documentation concerning the construction defects prepared by a person who inspected the residential building for the owner;(3) Include the name, address, and telephone number of the owner and the contractor and the address of the building that is the subject of the claim.(C) After receiving a notice of defects, a contractor may request an owner to provide a description of the cause of the defects and the nature and extent of repairs necessary to remedy the defects. An owner may provide this information if the owner has knowledge of the cause of the defects and the repairs necessary to remedy those defects.(D) If a contractor files a mechanics lien or commences any type of arbitration proceedings or legal action against an owner, this chapter does not apply, and the owner immediately may counterclaim, commence arbitration proceedings, or file a dwelling action against the contractor.
Ohio Rev Code § 1312.05 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1312 | Residential Contractor Right to Cure|Section 1312.05 | Contractor's Response to Notice of Defects - Offer to Inspect or Settle Claim.

Effective: May 27, 2005|Latest Legislation:  House Bill 175 - 125th General Assembly|(A) A residential contractor shall provide the owner with a good faith written response to any notice provided pursuant to section 1312.04 of the Revised Code. The response shall be provided within twenty-one days after the owner mailed the notice, delivered it by personal delivery, or transmitted it by telegram, facsimile, or electronic mail. In the response, the contractor shall offer to take one of the following actions:(1) Inspect the residential building that is the subject of the claim;(2) Compromise and settle the claim without an inspection;(3) Dispute the claim.(B) If a contractor fails to respond as required by division (A) of this section or disputes the claim, an owner is deemed to have complied with this chapter and may commence arbitration proceedings or file a dwelling action without further notice to the contractor.(C)(1) If an owner rejects a contractor's offer to inspect the property or to compromise and settle a claim, the owner shall notify the contractor of that rejection within fourteen days after receiving the contractor's offer. The rejection notice shall be in writing and include a reason for the rejection.(2) After providing a rejection notice, an owner has complied with this chapter and may commence arbitration proceedings or file a dwelling action without further notice to the contractor.
Ohio Rev Code § 1312.06 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1312 | Residential Contractor Right to Cure|Section 1312.06 | Owner's Acceptance of Contractor's Offer - Inspection - Action by Owner.

Effective: May 27, 2005|Latest Legislation:  House Bill 175 - 125th General Assembly|(A) If an owner accepts a residential contractor's offer to inspect the residential building, the owner shall notify the contractor of that acceptance within fourteen days. After accepting the offer to inspect, the owner shall allow the contractor reasonable access to the building during normal working hours. The contractor shall inspect the building within fourteen days after the owner accepts the offer. The contractor shall take reasonable measures to determine the nature and cause of the construction defects and the appropriate remedy. The measures the contractor takes may include, but are not limited to, testing.(B) Within ten days after a residential contractor conducts an inspection as described in this section, the contractor shall provide the owner with one of the following:(1) A written offer to remedy the defects at no cost to the owner. The offer shall be accompanied by an inspection report, a prediction of the additional construction work necessary to remedy each defect, and a timetable for completing the work necessary to remedy the defects.(2) A written offer to settle the claim;(3) A written statement asserting that the contractor does not intend to remedy the defects.(C) An owner has complied with this chapter and may commence arbitration proceedings or file a dwelling action without further notice to the contractor if any of the following occur:(1) The contractor does not inspect the property within fourteen days after the owner accepts the offer to inspect.(2) Following an inspection, the contractor does not provide a written response.(3) The contractor responds that the contractor does not intend to remedy the defects.(4) The contractor fails to remedy the defects in the manner the contractor describes or within the timetable the contractor provides.(D) If a residential contractor makes or provides for repairs or replacements to remedy a construction defect, the contractor may take reasonable steps to document the repair or replacement and to inspect the repair or replacement or have it inspected.(E) If an owner accepts an offer that a residential contractor makes in compliance with this chapter to compromise and settle the claim, to remedy the defects, or to settle the claim and the contractor fulfills that offer in compliance with this chapter, the owner is barred from bringing a dwelling action or commencing arbitration proceedings for the claim.
Ohio Rev Code § 1312.07 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1312 | Residential Contractor Right to Cure|Section 1312.07 | Commencement of Arbitration or Action by Owner.

Effective: May 27, 2005|Latest Legislation:  House Bill 175 - 125th General Assembly|Unless otherwise indicated in this chapter, an owner has complied with this chapter and may commence arbitration proceedings or file a dwelling action sixty days after the owner mails, delivers, sends by facsimile transmission or electronic mail, or otherwise provides the residential contractor with a defect notice pursuant to division (A) of section 1312.04 of the Revised Code.