reglab/housing_qa huggingface dataset:
Ohio Rev Code § 1334.04 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1334 | Business Opportunity Plans|Section 1334.04 | Seller to Establish Surety Bond or Establish Trust Account.

Effective: September 10, 1991|Latest Legislation:  House Bill 151 - 119th General Assembly|(A) If, pursuant to division (H) of section 1334.03 of the Revised Code, a seller is required to obtain a surety bond or establish a trust account, the bond or trust account required shall be in favor of the state for the benefit of any purchaser who is damaged by a violation of, or by the seller's breach of an agreement subject to, sections 1334.01 to 1334.15 of the Revised Code. The surety bond shall be issued by a surety company authorized to do business in this state. A trust account shall be established and maintained in this state.(B) Any person claiming against the bond or trust account may maintain an action against the seller and the surety or trustee, except that the surety or trustee shall be liable only for actual damages. The aggregate liability of the surety or trustee to all purchasers shall not exceed the amount of the bond or trust account.(C) A seller shall establish the bond or trust account in an amount of not less than fifty thousand dollars at the commencement of business for the first six months. By the tenth day of the seller's seventh month in business, the bond or trust account shall be adjusted so that it is in an amount equal to the total amount of the initial payments and promissory notes required by all agreements the seller has entered into in this state during the previous six months, in connection with which the seller has represented that there is a buy-back arrangement or that the purchaser's initial payment or promissory note is secured in any manner. Thereafter, the amount shall be similarly adjusted semiannually, no later than the tenth day of the first month of the seller's fiscal year and no later than the tenth day of the seventh month of the seller's fiscal year. A seller may reduce the amount of the bond or trust account by the amount of the initial payment or promissory note required by any agreement under which the term of a buy-back or security arrangement has expired. In no event shall the amount of the bond or trust account be less than ten thousand dollars.
Ohio Rev Code § 1334.05 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1334 | Business Opportunity Plans|Section 1334.05 | Right to Cancel.

Effective: September 28, 2012|Latest Legislation:  Senate Bill 196 - 129th General Assembly|(A) In addition to any other right or remedy available to a purchaser under sections 1334.01 to 1334.15 of the Revised Code, a purchaser has the right to cancel an agreement selling or leasing to the purchaser a business opportunity plan, in accordance with the following conditions: (1) If the seller complies with divisions (A)(7), (B), and (C) of section 1334.06 of the Revised Code, the purchaser may cancel the agreement at any time before midnight of the fifth business day after the day on which the purchaser signs the agreement.(2) If the seller has failed to comply with division (A)(7), (B), or (C) of section 1334.06 of the Revised Code, the purchaser may cancel the agreement any time within twelve months after the day on which the purchaser signs the agreement.(B) Cancellation under this section is evidenced by the purchaser giving written notice of cancellation to the seller at the address stated in the agreement. The purchaser may deliver the notice by regular mail, electronic mail, facsimile transmission, telegram, manual delivery, or other personal delivery. Notice of cancellation given by a purchaser need not take a particular form and is sufficient if it indicates in writing the intent of the purchaser not to be bound. Notice of cancellation sent by regular mail is effective upon the date of postmark. Notice sent by electronic mail or facsimile is effective when successfully transmitted. Telegram delivery is effective when the telegram is ordered. Manual delivery or other personal delivery is effective when delivered to the seller or to the seller's address, whichever is first.
Ohio Rev Code § 1334.07 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1334 | Business Opportunity Plans|Section 1334.07 | Attorney General Investigations.

Effective: October 25, 1979|Latest Legislation:  Senate Bill 37 - 113th General Assembly|If by his own inquiries, or as a result of complaints, the attorney general has reasonable cause to believe that a seller or broker has engaged, is engaging, or is threatening to engage in an act or practice that violates sections 1334.01 to 1334.15 of the Revised Code, he may investigate. For this purpose the attorney general may administer oaths, subpoena witnesses, adduce evidence, and require the production of relevant matter. If matter that the attorney general requires to be produced is located outside the state, he may designate representatives, including officials of the state in which the matter is located, to inspect the matter on his behalf, and he may respond to similar requests from officials of other states. The person subpoenaed may make the matter available to the attorney general at a convenient location within the state or pay the reasonable and necessary expenses for the attorney general or his representative to examine the matter at the place where it is located. However, expenses shall not be charged to a party not subsequently found to have engaged in an act or practice that violates sections 1334.01 to 1334.15 of the Revised Code.(B) Within twenty days after a subpoena has been served, a motion to extend the return day, or to modify or quash the subpoena, stating good cause, may be filed in the court of common pleas of Franklin county or the court of common pleas of the county in this state in which the person served resides or has his principal place of business.(C) A person subpoenaed under this section shall comply with the terms of the subpoena, unless the parties agree to modify the terms of the subpoena or unless the court has modified or quashed the subpoena, extended the return day of the subpoena, or issued any other order with respect to the subpoena prior to its return day.If a person fails without lawful excuse to obey a subpoena or to produce relevant matter, the attorney general may apply to the court of common pleas of the county in which the person subpoenaed resides or has his principal place of business for an order compelling compliance.(D) The attorney general may request that an individual who refuses to testify or to produce relevant matter on the ground that the testimony or matter may incriminate him be ordered by the court to provide the testimony or matter. With the exception of a prosecution for perjury and an action for damages under sections 1334.01 to 1334.15 of the Revised Code, an individual who complies with a court order to provide testimony or matter, after asserting a privilege against self-incrimination to which he is entitled by law, shall not be subjected to a criminal proceeding on the basis of the testimony or matter required to be disclosed or testimony or matter discovered through that testimony or matter.
Ohio Rev Code § 1334.09 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1334 | Business Opportunity Plans|Section 1334.09 | Action for Rescission and Damages.

Effective: September 28, 2012|Latest Legislation:  Senate Bill 196 - 129th General Assembly|(A) For a violation of sections 1334.01 to 1334.15 of the Revised Code, a purchaser has a cause of action and may seek either or both of the following: (1) In an individual action:(a) Rescind the agreement by giving written notice to the seller within three years of the date of the agreement and recover all sums paid to the seller, less the fair market value, at the time of delivery, of any goods supplied by the seller that are not returned to the seller;(b) If the purchaser is found to have been damaged, recover up to three times the amount of actual damages or ten thousand dollars, whichever is greater.(2) Recover damages or other appropriate relief in a class action under Civil Rule 23, as amended.(B) The court may award to the prevailing party a reasonable attorney fee limited to the work reasonably performed, if either of the following apply:(1) The purchaser complaining of the act or practice that violated sections 1334.01 to 1334.15 of the Revised Code has brought or maintained an action that is groundless and the purchaser brought or maintained the action in bad faith;(2) The seller or broker committed an act or practice that violates sections 1334.01 to 1334.15 of the Revised Code.(C) Upon receipt by a purchaser of the consideration paid to a seller, or a seller's affiliates, or both, pursuant to division (A)(1)(a) of this section, the purchaser shall make available to the seller, at a reasonable time and place, the goods received by the purchaser. However, a purchaser is not entitled to unjust enrichment by exercising the rights provided by this section.
Ohio Rev Code § 1334.10 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1334 | Business Opportunity Plans|Section 1334.10 | Jurisdiction.

Effective: September 28, 2012|Latest Legislation:  Senate Bill 196 - 129th General Assembly|(A) The courts of common pleas, and municipal or county courts within their respective monetary jurisdiction, have jurisdiction over any seller or broker with respect to any act or practice covered by sections 1334.01 to 1334.15 of the Revised Code, or with respect to any claim arising from the sale or lease of a business opportunity plan subject to such sections. (B) A final judgment against a seller or broker under sections 1334.01 to 1334.15 of the Revised Code is admissible as prima-facie evidence of the facts upon which it is based in subsequent proceedings under sections 1334.01 to 1334.15 of the Revised Code against the same seller or broker or their successors or assigns.(C) No action under sections 1334.01 to 1334.15 of the Revised Code may be brought to recover for a transaction more than five years after either the occurrence of the violation or the date on which the parties executed the agreement selling or leasing the business opportunity plan, whichever is earlier.(D) In any case arising under section 1334.08 or 1334.09 of the Revised Code, if a seller or broker shows by a preponderance of the evidence that a violation, or failure to meet the requirements of the exemption provided for in section 1334.13 of the Revised Code, resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error, no civil penalties shall be imposed against the seller or broker under division (D) of section 1334.08 of the Revised Code, no party shall be awarded attorney's fees under division (B) of section 1334.09 of the Revised Code, and monetary recovery shall not exceed the amount of actual damages resulting from the violation. In addition, a purchaser may, in an action brought within one year after the date on which the agreement selling or leasing the business opportunity plan was executed, recover all sums paid to the seller less the fair market value, at the time of delivery, of any goods supplied by the seller that are not returned to the seller.
Ohio Rev Code § 1334.11 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1334 | Business Opportunity Plans|Section 1334.11 | Defenses.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|Notwithstanding section 1303.35 of the Revised Code, a purchaser who executes an agreement selling or leasing to him a business opportunity plan or a note in connection with such an agreement may assert as a defense to a claim by a holder in due course, as defined in section 1303.32 of the Revised Code, any defense that the purchaser may assert against the seller of the business opportunity plan.
Ohio Rev Code § 1334.13 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1334 | Business Opportunity Plans|Section 1334.13 | Certain Franchising Transactions Exempted.

Effective: September 28, 2012|Latest Legislation:  Senate Bill 196 - 129th General Assembly|Except for division (H) of section 1334.03 and section 1334.04 of the Revised Code, sections 1334.01 to 1334.15 of the Revised Code do not apply to: (A) Any transaction that complies in all material respects with the trade regulation rule of the federal trade commission, "disclosure requirements and prohibitions concerning franchising," 16 C.F.R. 436.1 et seq., as may be amended from time to time, that is in effect on the date of the transaction;(B) Any transaction that complies in all material respects with the trade regulation rule of the federal trade commission, "disclosure requirements and prohibitions concerning business opportunities," 16 C.F.R. 437.1 et seq., as may be amended from time to time, that is in effect on the date of the transaction.
Ohio Rev Code § 1334.14 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1334 | Business Opportunity Plans|Section 1334.14 | Burden of Proof.

Effective: October 25, 1979|Latest Legislation:  Senate Bill 37 - 113th General Assembly|In any case arising under section 1334.08 or 1334.09 of the Revised Code, the burden of proving an exemption or exception from section 1334.12 or 1334.13 of the Revised Code is upon the person who claims the exemption or exception.
Ohio Rev Code § 1334.15 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1334 | Business Opportunity Plans|Section 1334.15 | Legislative Intent; Remedies; Waiver.

Effective: September 28, 2012|Latest Legislation:  Senate Bill 196 - 129th General Assembly|(A) The general assembly declares that the offer and sale of business opportunity plans is a matter affected with a public interest. The general assembly further declares that it is the intent of this chapter to protect prospective purchasers of business opportunity plans by requiring that sellers provide the purchasers with the information necessary to make an intelligent decision about the business opportunity plan being offered, and that this chapter represents a fundamental public policy for this state. (B) The remedies of sections 1334.01 to 1334.15 of the Revised Code are in addition to remedies otherwise available for the same conduct under federal, state, or local law. Any waiver by a purchaser of sections 1334.01 to 1334.15 of the Revised Code or any venue or choice of law provision that deprives a purchaser who is an Ohio resident of the benefit of those sections is contrary to public policy and is void and unenforceable.
Ohio Rev Code § 1334.99 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1334 | Business Opportunity Plans|Section 1334.99 | Penalty.

Effective: July 1, 1996|Latest Legislation:  Senate Bill 2 - 121st General Assembly|Whoever violates sections 1334.02 to 1334.06 of the Revised Code is guilty of a misdemeanor of the first degree.
Ohio Rev Code § 1335.04 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1335 | Statute of Frauds|Section 1335.04 | Interest in Land to Be Granted in Writing.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|No lease, estate, or interest, either of freehold or term of years, or any uncertain interest of, in, or out of lands, tenements, or hereditaments, shall be assigned or granted except by deed, or note in writing, signed by the party assigning or granting it, or his agent thereunto lawfully authorized, by writing, or by act and operation of law.
Ohio Rev Code § 1335.05 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1335 | Statute of Frauds|Section 1335.05 | Certain Agreements to Be in Writing.

Effective: July 1, 1976|Latest Legislation:  House Bill 1426 - 111th General Assembly|No action shall be brought whereby to charge the defendant, upon a special promise, to answer for the debt, default, or miscarriage of another person; nor to charge an executor or administrator upon a special promise to answer damages out of his own estate; nor to charge a person upon an agreement made upon consideration of marriage, or upon a contract or sale of lands, tenements, or hereditaments, or interest in or concerning them, or upon an agreement that is not to be performed within one year from the making thereof; unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith or some other person thereunto by him or her lawfully authorized.No action shall be brought to charge a person licensed by Chapter 4731. of the Revised Code to practice medicine or surgery, osteopathic medicine or surgery, or podiatric medicine and surgery in this state, upon any promise or agreement relating to a medical prognosis unless the promise or agreement is in writing and signed by the party to be charged therewith.
Ohio Rev Code § 1336.02 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1336 | Ohio Uniform Fraudulent Transfer Act|Section 1336.02 | Insolvent Debtor.

Effective: September 28, 1990|Latest Legislation:  House Bill 506 - 118th General Assembly|(A)(1) A debtor is insolvent if the sum of the debts of the debtor is greater than all of the assets of the debtor at a fair valuation.(2) A debtor who generally is not paying his debts as they become due is presumed to be insolvent.(B) A partnership is insolvent under division (A)(1) of this section if the sum of the debts of the partnership is greater than the aggregate, at a fair valuation, of all of the assets of the partnership and the sum of the excess of the value of the nonpartnership assets of each general partner over the nonpartnership debts of the general partner.(C) For purposes of this section:(1) "Assets" do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors, or that has been transferred in a manner making the transfer fraudulent under section 1336.04 or 1336.05 of the Revised Code.(2) "Debts" do not include an obligation to the extent that it is secured by a valid lien on property of the debtor not included as an asset.
Ohio Rev Code § 1336.03 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1336 | Ohio Uniform Fraudulent Transfer Act|Section 1336.03 | Giving Value.

Effective: September 28, 1990|Latest Legislation:  House Bill 506 - 118th General Assembly|(A) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the business of the promisor to furnish support to the debtor or another person.(B) For the purposes of division (A)(2) of section 1336.04 and division (A) of section 1336.05 of the Revised Code, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.(C) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and in fact is substantially contemporaneous.
Ohio Rev Code § 1336.04 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1336 | Ohio Uniform Fraudulent Transfer Act|Section 1336.04 | Transfer Made or Obligation Incurred Fraudulent as to Creditor.

Effective: March 27, 2013|Latest Legislation:  House Bill 479 - 129th General Assembly|(A) A transfer made or an obligation incurred by a debtor is fraudulent as to a creditor, whether the claim of the creditor arose before, or within a reasonable time not to exceed four years after, the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation in either of the following ways: (1) With actual intent to hinder, delay, or defraud any creditor of the debtor;(2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and if either of the following applies:(a) The debtor was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction;(b) The debtor intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.(B) In determining actual intent under division (A)(1) of this section, consideration may be given to all relevant factors, including, but not limited to, the following:(1) Whether the transfer or obligation was to an insider;(2) Whether the debtor retained possession or control of the property transferred after the transfer;(3) Whether the transfer or obligation was disclosed or concealed;(4) Whether before the transfer was made or the obligation was incurred, the debtor had been sued or threatened with suit;(5) Whether the transfer was of substantially all of the assets of the debtor;(6) Whether the debtor absconded;(7) Whether the debtor removed or concealed assets;(8) Whether the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;(9) Whether the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;(10) Whether the transfer occurred shortly before or shortly after a substantial debt was incurred;(11) Whether the debtor transferred the essential assets of the business to a lienholder who transferred the assets to an insider of the debtor.
Ohio Rev Code § 1336.05 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1336 | Ohio Uniform Fraudulent Transfer Act|Section 1336.05 | Claims Arising Before the Transfer or Obligation Incurred.

Effective: September 28, 1990|Latest Legislation:  House Bill 506 - 118th General Assembly|(A) A transfer made or an obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.(B) A transfer made or an obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the transfer was made to or the obligation was incurred with respect to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.