reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.62 | Fiduciary Duties Generally.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
In representing any client in an agency or subagency relationship, the licensee shall be a fiduciary of the client and shall use the licensee's best efforts to further the interest of the client including, but not limited to, doing all of the following:
(A) Exercising reasonable skill and care in representing the client and carrying out the responsibilities of the agency relationship;
(B) Performing the terms of any written agency agreement;
(C) Following any lawful instructions of the client;
(D) Performing all duties specified in this chapter in a manner that is loyal to the interest of the client;
(E) Complying with all requirements of this chapter and other applicable statutes, rules, and regulations, including the Ohio fair housing law, division (H) of section 4112.02 of the Revised Code, and the federal fair housing law, 42 U.S.C.A. 3601, as amended;
(F) Disclosing to the client any material facts of the transaction of which the licensee is aware or should be aware in the exercise of reasonable skill and care and that are not confidential information pursuant to a current or prior agency or dual agency relationship;
(G) Advising the client to obtain expert advice related to material matters when necessary or appropriate;
(H) Accounting in a timely manner for all moneys and property received in which the client has or may have an interest;
(I) Keeping confidential all confidential information, unless the licensee is permitted to disclose the information pursuant to division (B) of section 4735.74 of the Revised Code. This requirement includes not disclosing confidential information to any licensee who is not an agent of the client.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.621 | Waiver of Fiduciary Duties.

Effective:
October 12, 2006
Latest Legislation:
House Bill 150 - 126th General Assembly
(A) The duties required of a licensee under section 4735.62 of the Revised Code may not be waived by a client.
(B) A licensee shall perform the duties required under section 4735.63 or 4735.65 of the Revised Code unless the client agrees to waive these duties, and signs a waiver of duties statement pursuant to division (C) of this section.
(C) The superintendent of real estate, with the approval of the Ohio real estate commission, shall establish by rule a waiver of duties statement that shall contain the following:
(1) The fiduciary duties required of all licensees under section 4735.62 of the Revised Code;
(2) A list of those duties contained in section 4735.63 or 4735.65 of the Revised Code, which shall be set forth in a manner that allows for the parties to indicate which of those duties are being waived;
(3) A statement that no other licensee is required to perform the waived duty on behalf of the client;
(4) A statement that legal counsel or other professionals may be hired by the client;
(5) A place for the client and licensee to sign and date the statement.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.63 | Representing Seller in Agency Relationship - Duty to Promote Interests of Client.

Effective:
October 12, 2006
Latest Legislation:
House Bill 150 - 126th General Assembly
(A) In representing a seller in an agency relationship, a licensee shall:
(1) Seek a purchase offer at a price and with terms acceptable to the seller. Unless the seller so directs, the licensee is not obligated to seek additional offers if the property is subject to a contract of sale, lease, or letter of intent to lease;
(2) Accept delivery of and present any purchase offer to the seller in a timely manner, even if the property is subject to a contract of sale, lease, or letter of intent to lease;
(3) Within the scope of knowledge required for licensure, answer the seller's questions and provide information to the seller regarding any offers or counteroffers;
(4) Assist the seller in developing, communicating, and presenting offers or counteroffers;
(5) Within the scope of knowledge required for licensure, answer the seller's questions regarding the steps the seller must take to fulfill the terms of any contract.
(B) A licensee does not breach any duty or obligation to a seller with whom the licensee has an agency relationship by showing alternative properties to a prospective purchaser or by acting as an agent or subagent for other sellers.
(C) Nothing in this section shall be construed as permitting a licensee to perform any act or service that constitutes the practice of law.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.64 | Representing Seller in Agency Relationship - Prohibited Acts.

Effective:
December 13, 1996
Latest Legislation:
House Bill 354 - 121st General Assembly
In representing a seller in an agency relationship, no licensee shall do either of the following without the knowledge and consent of the seller:
(A) Extend an offer of subagency to other licensees;
(B) Offer compensation to a broker who represents a purchaser.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.65 | Representing Buyer in Agency Relationship - Duty to Promote Interests of Client.

Effective:
April 6, 2017
Latest Legislation:
House Bill 532 - 131st General Assembly
(A) In representing a purchaser in an agency relationship, a licensee shall:
(1) Seek a property at a price and with purchase or lease terms acceptable to the purchaser. Unless the client so directs, the licensee is not obligated to seek additional purchase or lease possibilities if the purchaser is a party to a contract to purchase property, or has entered into a lease or has extended a letter of intent to lease.
(2) Within the scope of knowledge required for licensure, answer the purchaser's questions and provide information to the purchaser regarding any offers or counteroffers;
(3) Assist the purchaser in developing, communicating, and presenting offers or counteroffers;
(4) Present any offer to purchase or lease to the seller or the seller's agent in a timely manner, even if the property is subject to a contract of sale, lease, or letter of intent to lease, and accept delivery of and present any counteroffers to the purchaser in a timely manner;
(5) Within the scope of knowledge required for licensure, answer the purchaser's questions regarding the steps the purchaser must take to fulfill the terms of any contract.
(B) A licensee does not breach any duty or obligation to the purchaser by showing the same properties to other purchasers or by preparing or presenting contemporaneous offers to purchase or lease the same property. Prior to preparing a contemporaneous offer, a licensee shall disclose that fact to all clients for whom the licensee is preparing, presenting, or has prepared or presented contemporaneous offers to purchase or lease the same property and shall refer to another licensee any client that requests such referral.
(1) The disclosure required by this section shall be provided in writing unless written disclosure cannot be delivered in a timely manner, in which case the licensee shall provide the disclosure verbally.
(2) A licensee does not breach a duty of confidentiality to any client by disclosing the fact of contemporaneous offers, but shall maintain as confidential between the purchasers the identity of the purchasers and the terms of the offers.
(C) A licensee does not breach any duty or obligation to the purchaser by acting as an agent or subagent for other purchasers, or as an agent or subagent for sellers, except that any dual agency relationship must be disclosed to a client pursuant to section 4735.71 of the Revised Code.
(D) Nothing in this section shall be construed as permitting a licensee to perform any act or service that constitutes the practice of law.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.66 | Representing Buyer in Agency Relationship - Prohibited Acts.

Effective:
December 13, 1996
Latest Legislation:
House Bill 354 - 121st General Assembly
In representing a purchaser in an agency relationship, no licensee shall do either of the following without the knowledge and consent of the purchaser:
(A) Extend an offer of subagency to other licensees;
(B) Accept compensation from a broker who represents a seller.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.67 | Disclosures to Purchaser.

Effective:
December 13, 1996
Latest Legislation:
House Bill 354 - 121st General Assembly
(A) A licensee shall disclose to any purchaser all material facts of which the licensee has actual knowledge pertaining to the physical condition of the property that the purchaser would not discover by a reasonably diligent inspection, including material defects in the property, environmental contamination, and information that any statute or rule requires be disclosed. For purposes of this division, actual knowledge of such material facts shall be inferred to the licensee if the licensee acts with reckless disregard for the truth.
(B) A licensee is not required to discover latent defects in the property or to advise on matters outside of the scope of the knowledge required for real estate licensure, or to verify the accuracy or completeness of statements made by the seller, unless the licensee is aware of information that should reasonably cause the licensee to question the accuracy or completeness of such statements.
(C) Nothing in this section limits any obligation of a seller to disclose to a purchaser all material facts known by the seller pertaining to the physical condition of the property, nor does it limit the obligation of the prospective purchaser to inspect the physical condition of the property.
(D) Nothing in this section limits any obligation of a purchaser to disclose to a seller all material adverse facts known by the purchaser pertaining to the purchaser's financial ability to perform the terms of the transaction.
(E) No cause of action shall arise on behalf of any person against a licensee for disclosing information in compliance with this section, unless the information is materially inaccurate and the disclosure by the licensee was made in bad faith or was made with reckless disregard for the truth.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.68 | Liability for False Information.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) A licensee is not liable to any party for false information that the licensee's client provided to the licensee and that the licensee in turn provided to another party in the real estate transaction, unless the licensee had actual knowledge that the information was false or acted with reckless disregard for the truth.
(B) No cause of action shall arise on behalf of any person against a client for any misrepresentation a licensee made while representing that client unless the client had actual knowledge of the licensee's misrepresentation.
(C) Knowledge of or information contained in a brokerage or an affiliated or past licensee's transaction records of any current or previous defect, adverse condition, or repair in real property shall not be imputed to that broker or to other licensees affiliated with that broker. No cause of action based on imputed knowledge shall accrue on behalf of any person against a broker or affiliated licensee for failure to disclose such defects, adverse condition, or repair.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.69 | Assisting Party Who Is Not a Client.

Effective:
December 13, 1996
Latest Legislation:
House Bill 354 - 121st General Assembly
(A) A licensee may assist a party who is not the licensee's client in a real estate transaction by doing any of the following:
(1) Providing information regarding lenders, inspectors, attorneys, insurance agents, surveyors, draftspersons, architects, schools, shopping facilities, places of worship, and other similar information;
(2) Providing market information or other information obtained from a property listing service or public records.
(B) A licensee who assists a party who is not the licensee's client as permitted in division (A) of this section does not violate the agency relationship with the client, and provision of the services for that party neither forms nor implies any agency relationship with that party.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.70 | Dual Agency Definitions.

Effective:
January 1, 2005
Latest Legislation:
Senate Bill 106 - 125th General Assembly
The following are dual agents under this chapter:
(A) A licensee who represents both the purchaser and the seller as clients in the same real estate transaction;
(B) A brokerage that represents both the purchaser and the seller as clients in the same real estate transaction;
(C) A management level licensee who represents a client in an in-company transaction. If there is more than one management level licensee affiliated with the brokerage and either of the following applies, the management level licensee is not a dual agent:
(1) The management level licensee personally represents either the seller or the purchaser in a transaction, in which case the management level licensee will represent only the interests of that licensee's client.
(2) The management level licensee is the purchaser or seller in a transaction and will represent only that licensee's interest.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.71 | Dual Agency - Disclosure Statement.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) No licensee or brokerage shall participate in a dual agency relationship described in section 4735.70 of the Revised Code unless both the seller and the purchaser in the transaction have full knowledge of the dual representation and consent in writing to the dual representation on the agency disclosure statement described in section 4735.57 of the Revised Code. Before a licensee obtains the consent of any party to a dual agency relationship, the licensee shall disclose to both the purchaser and the seller all relevant information necessary to enable each party to make an informed decision as to whether to consent to the dual agency relationship. If, after consent is obtained, there is a material change in the information disclosed to the purchaser and the seller, the licensee shall disclose the change of information to the purchaser and the seller and give them an opportunity to revoke their consent.
(B) No brokerage shall participate in a dual agency relationship described in division (C) of section 4735.70 of the Revised Code, unless each of the following conditions is met:
(1) The brokerage has established a procedure under section 4735.54 of the Revised Code under which licensees, including management level licensees, who represent one client will not have access to and will not obtain confidential information concerning another client of the brokerage involved in the dual agency transaction.
(2) Each licensee fulfills the licensee's duties exclusively to the licensee's client.
(C) No salesperson or broker licensed under this chapter shall participate in a dual agency relationship in which the licensee is a party to the transaction, either personally or as an officer or member of a partnership, association, limited liability company, limited liability partnership, or corporation that has an interest in the real property that is the subject of the transaction or an entity that has an intention of purchasing, leasing, or exchanging the real property.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.74 | Duties Following Closing of Transaction.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Unless otherwise agreed in writing, a licensee owes no further duty to a client after performance of all duties or after any contract has terminated or expired, except for both of the following:
(A) Providing the client with an accounting of all moneys and property relating to the transaction;
(B) Keeping confidential all information received during the course of the transaction unless:
(1) The client permits disclosure;
(2) Disclosure is required by law or by court order;
(3) The information becomes public from a source other than the licensee;
(4) The information is necessary to prevent a crime the client intends to commit;
(5) Disclosure is necessary to defend the brokerage or its licensees against an accusation of wrongful conduct or to establish or defend a claim that a commission is owed on a transaction;
(6) Disclosure is regarding sales information requested by a real estate appraiser assistant registered under Chapter 4763. of the Revised Code or a real estate appraiser licensed or certified under Chapter 4763. of the Revised Code for the purposes of performing an appraisal. No cause of action shall arise on behalf of any person against a licensee for releasing information pursuant to this division.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.75 | Authorization of Other Brokers by Exclusive Agent.

Effective:
October 12, 2006
Latest Legislation:
House Bill 150 - 126th General Assembly
(A) A broker who has the exclusive authority to represent a client under a written exclusive agency agreement, exclusive right to sell agreement, or exclusive purchaser agency agreement may authorize other licensees to negotiate directly with that client. The authorization shall be in writing and the broker shall comply with the requirements of section 4735.621 of the Revised Code.
(B) A licensee who negotiates directly with a seller, purchaser, lessor, or tenant pursuant to a written authorization as described in division (A) of this section does not violate division (A)(19) of section 4735.18 of the Revised Code and negotiations conducted by a licensee pursuant to the authorization shall not create or imply an agency relationship between that licensee and the client of that exclusive broker.
(C) As used in this section and division (A)(19) of section 4735.18 of the Revised Code, "negotiate" means any the following:
(1) Delivering or communicating an offer, counteroffer, or proposal;
(2) Discussing or reviewing the terms of any offer, counteroffer, or proposal;
(3) Facilitating communication regarding an offer, counteroffer, or proposal and preparing any response as directed.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.76 | Compliance With Law Regarding Sanctions for Human Trafficking.

Effective:
March 22, 2013
Latest Legislation:
House Bill 247 - 129th General Assembly
The superintendent of real estate shall comply with section 4776.20 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.99 | Penalty.

Effective:
April 5, 2019
Latest Legislation:
Senate Bill 255 - 132nd General Assembly
(A) Whoever violates section 4735.02 or 4735.021 of the Revised Code is guilty of a misdemeanor of the first degree.
(B) Whoever violates section 4735.25 or 4735.30 of the Revised Code is guilty of a felony of the fifth degree, and the court may impose upon the offender an additional fine of not more than two thousand five hundred dollars.
Last updated April 29, 2022 at 3:36 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4737 | Secondhand Dealers; Junk Yards › Section 4737.01 | Duties of Dealers.

Effective:
September 11, 2008
Latest Legislation:
Senate Bill 171 - 127th General Assembly
(A) "Personal identification card" means a current and valid driver's license, military identification card, state identification card issued under sections 4507.50 to 4507.52 of the Revised Code, or a state identification card issued by another state on the condition that that card contains information substantially similar to the information contained on a state identification card issued under sections 4507.50 to 4507.52 of the Revised Code and also contains a photograph of the person to whom the card is issued.
(B) A person other than a scrap metal dealer, as defined in section 4737.04 of the Revised Code, purchasing, selling, exchanging, or receiving secondhand articles of any kind other than special purchase articles as defined in section 4737.04 of the Revised Code, scrap iron, and scrap metal, shall post in a conspicuous place in or upon the person's shop, store, wagon, boat, or other place of business, a sign having the person's name and occupation legibly inscribed thereon, and shall keep a separate record book or electronic file in which shall be written, in the English language, at the time of the purchase or exchange of such articles, a description thereof, the name, description, and residence of the person from whom purchased and received, and the day and time when such purchase or exchange was made, and shall make and keep a copy of the person's personal identification card. Every entry shall be numbered consecutively, commencing with number one.
The purchaser shall retain the record book or electronic file and copies of personal identification cards for at least one year after the purchase or exchange date and shall make the record or file and copies available for inspection by any law enforcement officer at all reasonable times.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4737 | Secondhand Dealers; Junk Yards › Section 4737.011 | Dealers in Precious Metals or Jewels Exempted.

Effective:
August 20, 1982
Latest Legislation:
House Bill 248 - 114th General Assembly
Sections 4737.01 to 4737.04 of the Revised Code do not apply to the business of purchasing articles that are made of or contain gold, silver, platinum, or other precious metals or jewels. For purposes of this section, a person is engaged in the "business of purchasing articles that are made of or contain gold, silver, platinum, or other precious metals or jewels" if and to the extent that, in any manner, he holds himself out to the public as willing to purchase such articles for a consideration, and he intends to resell such articles, whether in the same or a different form or condition as when purchased.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4737 | Secondhand Dealers; Junk Yards › Section 4737.02 | If Dealer Is a Peddler, He Need Not Hold Property Thirty Days.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the purchaser or receiver, by exchange or otherwise, as described in section 4737.01 of the Revised Code, is a peddler, or goes about with a wagon to purchase or obtain, by exchange or otherwise, any of such articles not excepted, and does not have a place of business in a building, he need not retain such articles for thirty days before selling them, provided, on Monday of each week, he files with the mayor of the municipal corporation in which is located the place of business of the person to whom such sale is made, a copy of the record required by such section to be kept in a separate book, of the articles purchased or received during the preceding week, including a description of such articles sold, to whom sold, and his place of business .
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4737 | Secondhand Dealers; Junk Yards › Section 4737.03 | Not to Deal With Minors - nor at Certain Hours.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall purchase or receive by sale, barter, exchange, or otherwise, an article mentioned in sections 4737.01 to 4737.03, inclusive, of the Revised Code, of a minor or apprentice, knowing or having reason to believe him to be such, or from any person between the hours of nine p.m. and seven a.m.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4737 | Secondhand Dealers; Junk Yards › Section 4737.041 | Special Purchase Articles and Bulk Merchandise Containers.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 193 - 129th General Assembly
A scrap metal dealer or bulk merchandise container dealer shall do all of the following with respect to each special purchase article the scrap metal dealer purchases or receives or with respect to each bulk merchandise container a bulk merchandise container dealer purchases or receives that is subject to division (A) of section 4737.012 of the Revised Code:
(A) Comply with the requirements of this section in addition to complying with the applicable requirements of section 4737.012 or 4737.04 of the Revised Code;
(B) Take a photograph of each special purchase article or bulk merchandise container;
(C) Obtain from the seller or provider of the special purchase article or bulk merchandise container proof that the seller or provider owns the special purchase article or bulk merchandise container;
(D) If payment is rendered for the special purchase articles or bulk merchandise containers, issue a check for the purchase of the special purchase articles or bulk merchandise containers;
(E) Withhold payment for the purchase of the special purchase articles or bulk merchandise containers for a period of two days after the day the special purchase articles or bulk merchandise containers are purchased;
(F) If an asserted owner of stolen special purchase articles or bulk merchandise containers or that owner's agent provides proof of having filed a stolen property report with the appropriate law enforcement agency, make records describing special purchase articles or bulk merchandise containers the dealer purchased or received after the alleged date of theft available for inspection to the asserted owner or owner's agent for a period of six months after the alleged date of theft of the articles, except that the dealer shall withhold the name of the person from whom the special purchase articles or bulk merchandise containers were purchased or received and the amount paid for the special purchase articles or bulk merchandise containers.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4737 | Secondhand Dealers; Junk Yards › Section 4737.042 | Electronic Records.

Effective:
September 11, 2008
Latest Legislation:
Senate Bill 171 - 127th General Assembly
A scrap metal dealer and a person who purchases, sells, exchanges, or receives secondhand articles may use an electronic device that decodes and records information contained in the metallic strip on a personal identification card to record a person's name, address, and photograph in lieu of making a copy of a person's personal identification card to comply with the requirements of sections 4737.01, 4737.04, and 4737.041 of the Revised Code, on the condition that the dealer or person retains that recorded information and makes it available in accordance with the requirements to make copies available under those sections.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4737 | Secondhand Dealers; Junk Yards › Section 4737.043 | Exemptions From Requirements.

Effective:
September 11, 2008
Latest Legislation:
Senate Bill 171 - 127th General Assembly
Sections 4737.04 and 4737.041 of the Revised Code do not apply with respect to any of the following:
(A) The donation of articles to nonprofit organizations or to any other person, on the condition that the person donating the articles receives no payment or any other valuable consideration in exchange for or due to donating the articles;
(B) The sale or donation of common recycled matter;
(C) Sales transacted between a scrap metal dealer and an organization that is exempt from federal taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 285, 26 U.S.C. 501(c)(3), as amended, and that collects, for its own fundraising purposes, scrap ferrous and nonferrous metals for recycling rather than disposal;
(D) Sales transacted between a scrap metal dealer and a government unit or another business, including a demolition company, public utility company, or another scrap metal dealer, on the condition that the government unit or business satisfies the following criteria:
(1) In the course of providing the government unit's or business's services to others or maintaining the government unit's or business's property, whether onsite or offsite, the government unit or business generates scrap ferrous and nonferrous metals for recycling rather than disposal.
(2) If the sales transaction involves a government unit, reference to the government unit as a bona fide unit of government can be readily found by the public.
(3) If the sales transaction involves a business, the business satisfies one of the following criteria:
(a) The business is registered with the secretary of state.
(b) The business has been issued a license under section 5739.17 of the Revised Code.
(c) The business advertises its services in a newspaper of general circulation once a week for not less than six consecutive months or provides a receipt showing payment for such advertising, a telephone book, electronic media that is available to the public, or some other type of media that is owned and operated by a person other than the business and, if an individual operates the business, the individual advertising the business has a specific place of business that is not the individual's permanent home residence.
(4) The government unit provides proof of compliance with division (D)(2) of this section or the business provides proof of compliance with division (D)(3) of this section to the scrap metal dealer with whom the government unit or business transacts business.
(E) Sales transacted between a scrap metal dealer and a person whose primary business is to create products that result in bulk quantities of ferrous and nonferrous metal used for recycling rather than disposal.
(F) Sales of catalytic converters transacted between a scrap metal dealer and a motor vehicle dealer as defined in section 4517.01 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4737 | Secondhand Dealers; Junk Yards › Section 4737.044 | Conflicting Municipal Regulations.

Effective:
September 11, 2008
Latest Legislation:
Senate Bill 171 - 127th General Assembly
No municipal corporation or other political subdivision shall enforce any regulation that is in conflict with sections 4737.01 to 4737.043 of the Revised Code. Consistent with the power of municipal corporations to exercise their rights under Article XVIII, Section 3 of the Ohio Constitution and recognizing the need for uniform commercial practices across this state, by analogy to Am. Financial Servs. Assn et al. v. Cleveland, 112 Ohio St. 3d 170, 2006-Ohio-6043, citing Canton v. State, 95 Ohio St. 3d 149, 2002-Ohio-2005, syllabus, no municipal corporation or other political subdivision shall enact or enforce a regulation or ordinance applicable to a scrap metal dealer requiring a scrap metal dealer to individually identify and retain any scrap metal purchased or received, a practice otherwise known as "tag and hold."
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4737 | Secondhand Dealers; Junk Yards › Section 4737.05 | Licensing of Junk Yard Definitions.

Effective:
March 30, 1995
Latest Legislation:
House Bill 685 - 120th General Assembly
As used in sections 4737.05 to 4737.12 of the Revised Code:
(A) "Junk" means old or scrap copper, brass, rope, rags, trash, waste, batteries, paper, rubber, iron, steel, and other old or scrap ferrous or nonferrous materials, but does not include scrap tires as defined in section 3734.01 of the Revised Code.
(B) "Junk yard" means an establishment or place of business that is maintained or operated for the purpose of storing, keeping, buying, or selling junk. For the purposes of sections 4737.05 to 4737.99 of the Revised Code, "junk yard" includes scrap metal processing facilities that are located within one thousand feet of the nearest edge of the right of way of a highway in the interstate or primary system.
(C) "Fence" means a barrier at least six feet in height, constructed of non-transparent material, and maintained so as to obscure the junk from the ordinary view of persons passing upon those state, county, municipal, and township highways, roads, and streets covered by sections 4737.05 to 4737.99 of the Revised Code.
(D) "Scrap metal processing facility" means an establishment having facilities for processing iron, steel, or nonferrous scrap and whose principal product is scrap iron and steel or nonferrous scrap for sale for remelting purposes.
(E) "Interstate system" means the system of highways as defined in the "Act of August 27, 1958," 72 Stat. 887, 23 U.S.C.A. 103 (D), as amended.
(F) "Primary system" means that portion of the highway system designated by the director of transportation that has been approved by the secretary of transportation of the United States pursuant to the "Act of August 27, 1958," 72 Stat. 887, 23 U.S.C.A. 103 (B), as amended.
Junk yards located within areas adjacent to the interstate system and the primary system that are within one thousand feet of the nearest edge of the right of way and that are zoned industrial, or that are not zoned under authority of state or local law, rule, or ordinance, but are used for industrial activities as determined by the director of transportation, are exempt from sections 4737.05 to 4737.99 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4737 | Secondhand Dealers; Junk Yards › Section 4737.06 | Prohibiting Operation of Junk Yard Without License.

Effective:
November 18, 1969
Latest Legislation:
Senate Bill 283 - 108th General Assembly
No person shall operate or maintain a junk yard, adjacent to the interstate or primary systems inside a municipality, except in zoned or unzoned industrial areas, unless he has first obtained a license issued under sections 4737.05 to 4737.12, inclusive, of the Revised Code provided that the exception does not prohibit the regulation or prohibition of junk yards in zoned or unzoned industrial areas by municipal corporations.
No licensee shall operate or maintain a junk yard in violation of the provisions of sections 4737.05 to 4737.12, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4737 | Secondhand Dealers; Junk Yards › Section 4737.08 | Application Information.

Effective:
November 18, 1969
Latest Legislation:
Senate Bill 283 - 108th General Assembly
Application for a license to operate and maintain a junk yard or for a renewal thereof shall be made in writing, accompanied by the proper fee, to the chief executive officer of the municipality or the county auditor of the county in which the junk yard is located or in which it is to be established, setting forth the name and address of the applicant, the location of the junk yard, if the applicant is a firm, partnership, or association, the names and addresses of each member, if the applicant is a corporation, the date and place of incorporation and the names and addresses of its officers and directors, and such other reasonable information as the chief executive officer of the municipality or the county auditor deems necessary. The application shall be signed and sworn to by the applicant.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4737 | Secondhand Dealers; Junk Yards › Section 4737.09 | Maintaining Fence.

Effective:
January 1, 1964
Latest Legislation:
Senate Bill 46 - 105th General Assembly
Any fence constructed under sections 4737.05 to 4737.11, inclusive, of the Revised Code, shall be neatly constructed, shall be non-transparent, shall be kept in good order and repair, and no advertisement shall be permitted thereon other than the name of the person under whose name the license has been issued and the nature of the business conducted therein.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4737 | Secondhand Dealers; Junk Yards › Section 4737.11 | Enforcement.

Effective:
November 18, 1969
Latest Legislation:
Senate Bill 283 - 108th General Assembly
Whenever the prosecuting attorney of any county, the chief legal officer of any municipality, or the attorney general is of the opinion that a junk yard is being operated or maintained in violation of any of the provisions of sections 4737.05 to 4737.12, inclusive, of the Revised Code, he may apply, in the name of the state, to a court of competent jurisdiction, alleging the violation complained of and praying for an injunction or other proper relief. In such a case the court may order such junk yard abated as a nuisance or make such other order as may be proper. An action brought under this section shall not be deemed to be a bar to a prosecution under section 4737.99 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4737 | Secondhand Dealers; Junk Yards › Section 4737.12 | Determining Unzoned Industrial Areas Adjacent to Interstate and Primary Systems.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
The director of transportation shall develop standards for determining and shall determine unzoned industrial areas adjacent to the interstate and primary systems pursuant to such standards. Such standards shall recognize the factors customarily considered in zoning areas as industrial, provided that they are consistent with the national policy for the control of junk yards.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4737 | Secondhand Dealers; Junk Yards › Section 4737.14 | Compliance With Law Regarding Sanctions for Human Trafficking.

Effective:
March 22, 2013
Latest Legislation:
House Bill 247 - 129th General Assembly
The director of public safety shall comply with section 4776.20 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4738 | Motor Vehicle Salvage › Section 4738.02 | Motor Vehicle Salvage Dealer's License Required.

Effective:
March 23, 2015
Latest Legislation:
House Bill 468 - 130th General Assembly
(A) Except as provided in divisions (B) and (E) of this section, no person shall engage in the business of selling at retail salvage motor vehicle parts without first obtaining a motor vehicle salvage dealer's license pursuant to this chapter.
(B)(1) Except as provided in divisions (C) and (E) of this section, no person shall engage in the business of selling at retail salvage motor vehicles nor, other than as a lessor, provide a location or a space for the sale of salvage motor vehicles without first obtaining a motor vehicle salvage dealer's license, a salvage motor vehicle auction license, or a salvage motor vehicle pool license pursuant to this chapter.
(2) Notwithstanding division (B)(1) of this section, a person may sell salvage motor vehicles at retail to or through a salvage motor vehicle auction or salvage motor vehicle pool without obtaining any license pursuant to this chapter if both of the following apply:
(a) The acquisition of salvage motor vehicles is incidental to the primary business of the person.
(b) The disposal of those salvage motor vehicles is incidental to the primary business of the person.
(C) No person shall make more than five casual sales of salvage motor vehicles in a calendar year.
(D) Except as provided in division (E) of this section, no person shall operate as a salvage motor vehicle auction or salvage motor vehicle pool without first obtaining the appropriate license pursuant to this chapter.
(E) In case of the dissolution of a partnership by death, the surviving partner may operate under any license obtained by the partnership pursuant to this chapter for a period of sixty days and the heirs or representatives of deceased persons and receivers or trustees in bankruptcy appointed by any competent authority may operate under the license of the person succeeded in possession by the heir, representative, receiver, or trustee in bankruptcy.
(F) Nothing in this chapter applies to any public officer performing his official duties.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4738 | Motor Vehicle Salvage › Section 4738.022 | Compliance With Reporting Requirements.

Effective:
March 23, 2015
Latest Legislation:
House Bill 468 - 130th General Assembly
Every salvage motor vehicle auction and salvage motor vehicle pool shall comply with the reporting requirements of the national motor vehicle title information system.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4738 | Motor Vehicle Salvage › Section 4738.03 | Prohibiting Activities by Salvage Dealer, Auction or Pool Licensees.

Effective:
March 23, 2015
Latest Legislation:
House Bill 468 - 130th General Assembly
(A) No person licensed as a motor vehicle salvage dealer under this chapter shall engage in the business of selling at retail salvage motor vehicle parts or salvage motor vehicles, unless the business is operated primarily for the purpose of selling at retail salvage motor vehicle parts. Any person operating such a business primarily for the purpose of selling at retail salvage motor vehicle parts may secondarily sell at retail salvage motor vehicles or manufacture a product of gradable scrap metal for sale to scrap metal processors or any other consumer.
(B) No person licensed as a salvage motor vehicle auction under this chapter shall:
(1) Knowingly sell a salvage motor vehicle to anyone other than an authorized purchaser;
(2) Sell a salvage motor vehicle when having reasonable cause to believe it is not offered by the legal owner thereof;
(3) Fail to make an Ohio salvage certificate of title available to the purchaser of a salvage motor vehicle sold by the salvage motor vehicle auction, before payment for the salvage motor vehicle is completed;
(4) Operate as a motor vehicle salvage dealer at the same location where any salvage motor vehicle auction is operated.
(C) No person licensed as a salvage motor vehicle pool under this chapter shall:
(1) Knowingly sell a salvage motor vehicle to anyone other than an authorized purchaser;
(2) Sell a salvage motor vehicle when having reasonable cause to believe it is not offered by the legal owner thereof;
(3) Fail to make an Ohio salvage certificate of title available to the purchaser of a salvage motor vehicle sold by the salvage motor vehicle pool, before payment for the salvage motor vehicle is completed;
(4) Operate as a motor vehicle salvage dealer at the same location where any salvage motor vehicle pool is operated.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4738 | Motor Vehicle Salvage › Section 4738.031 | Authorized Sales.

Effective:
March 23, 2015
Latest Legislation:
House Bill 468 - 130th General Assembly
No person who is not an authorized purchaser shall purchase a salvage motor vehicle from a salvage motor vehicle auction or salvage motor vehicle pool.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4738 | Motor Vehicle Salvage › Section 4738.04 | License Application.

Effective:
October 9, 2021
Latest Legislation:
House Bill 263 - 133rd General Assembly
Each person applying for a motor vehicle salvage dealer license or a salvage motor vehicle auction license or a salvage motor vehicle pool license shall make out and deliver to the registrar of motor vehicles, upon a blank to be furnished by the registrar for that purpose, a separate application for license for each county in which the business is to be conducted. The application for each type of license shall be in the form prescribed by the registrar and shall be signed and sworn to by the applicant. The application for a license for a motor vehicle salvage dealer, a salvage motor vehicle auction, or salvage motor vehicle pool, in addition to other information as is required by the registrar, shall include the following:
(A) Name of applicant and location of principal place of business;
(B) Name or style under which business is to be conducted and, if a corporation, the state of incorporation;
(C) Name and address of each owner or partner and, if a corporation, the names of the officers and directors;
(D) The county in which the business is to be conducted and the address of each place of business therein;
(E) A financial statement of the applicant showing the true financial condition as of a date not earlier than six months prior to the date of the application;
(F) A statement of the previous history, record, and association of the applicant and of each owner, partner, officer, and director, which statement shall be sufficient to establish to the satisfaction of the registrar the reputation in business of the applicant;
(G) A statement showing whether the applicant has previously been convicted of a disqualifying offense as specified under section 9.79 of the Revised Code;
(H) A statement showing whether the applicant has previously applied for a license under this chapter and the result of the application, and whether the applicant has ever been the holder of any such license which was revoked or suspended;
(I) If the applicant is a corporation or partnership, a statement showing whether any of the partners, officers, or directors have been refused a license under this chapter, or have been the holder of any such license which was revoked or suspended.
Last updated October 9, 2021 at 5:08 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4738 | Motor Vehicle Salvage › Section 4738.05 | Issuing of License.

Effective:
September 16, 2004
Latest Legislation:
House Bill 230 - 125th General Assembly
At the time the registrar of motor vehicles grants the application of any person for a license under this chapter, the registrar shall issue to the person a license that shall have provisional status for a period of one hundred eighty days from the date of issuance. At the end of that period and subject to the results of the inspection described in section 4738.071 of the Revised Code of the place of business of the license holder, the license either shall be revoked or shall remain valid and no longer have provisional status. The registrar shall prescribe forms for licenses, and all licenses shall include the name and post office address of the person licensed.
The fee for a motor vehicle salvage dealer's license, a salvage motor vehicle auction license, or a salvage motor vehicle pool license shall be one hundred dollars. In all cases the fee shall accompany the application for license.
If a licensee has more than one place of business in the county, the licensee shall make application, in a form as the registrar prescribes, for a certified copy of the license issued to the person for each place of business operated. In the event of the loss, mutilation, or destruction of a license issued under sections 4738.01 to 4738.16 of the Revised Code, any licensee may make application to the registrar, in a form as the registrar prescribes, for a duplicate copy thereof. The fee for a certified or duplicate copy of a license is one dollar. All fees for copies shall accompany the applications.
Beginning on the effective date of this amendment, all licenses issued or renewed shall expire biennially on a day within the two-year license cycle that is prescribed by the registrar, unless sooner suspended or revoked. Before the first day after the day prescribed by the registrar in the year that the license expires, each motor vehicle salvage dealer, salvage motor vehicle auction, or salvage motor vehicle pool in the year in which the license will expire, shall file an application, in a form as the registrar prescribes, for the renewal of the license. The fee provided in this section for the original license shall accompany the application.