Ohio Revised Code Search
| Section |
|---|
|
Section 1311.79 | Maintaining lien after notice to commence suit.
...s section and files for record with the United States federal aviation administration an affidavit that contains all of the following information: (1) The name and address of the lien claimant and the owner of the aircraft that is subject to the lien; (2) The date the lien claimant commenced an action to enforce the lien; (3) The court of record wherein the action was commenced and the address of that court; (4) ... |
|
Section 1311.80 | Award of attorney's fees.
...vised Code, the court may award reasonable attorney's fees to the prevailing party as justice and equity require. |
|
Section 1311.85 | Broker's lien on commercial realty definitions.
...cial real estate" does not include single-family residential units such as condominiums, townhouses, manufactured housing, or homes in a subdivision when sold, leased, or otherwise conveyed on a unit-by-unit basis, even though these units may be a part of a larger building or parcel of real estate containing more than four residential units. "Commercial real estate" also does not include real estate owned by a ... |
|
Section 1311.86 | Broker's lien on commercial real estate.
...t 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 ... |
|
Section 1311.87 | Perfection of lien.
...oker 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 sh... |
|
Section 1311.88 | Proceedings to enforce lien.
...aint 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 sam... |
|
Section 1311.89 | Sale of foreclosed property - alternative dispute resolution.
...o 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. |
|
Section 1311.90 | Broker to record release or satisfaction.
...11.86 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... |
|
Section 1311.91 | Priority of mechanic's liens.
...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. |
|
Section 1311.92 | Transfer of lien property - escrow account.
...he 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 establis... |
|
Section 1311.93 | Liability of 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. |
|
Section 1312.01 | Definitions.
...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 o... |
|
Section 1312.02 | Application of chapter.
...ter 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. |
|
Section 1312.03 | Notice of contractor's right to resolve alleged defects.
...HE 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. |
|
Section 1312.04 | Notice to contractor of alleged defects prior to action.
...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 comm... |
|
Section 1312.05 | Contractor's response to notice of defects - offer to inspect or settle claim.
...thin 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... |
|
Section 1312.06 | Owner's acceptance of contractor's offer - inspection - action by owner.
...wner 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... |
|
Section 1312.07 | Commencement of arbitration or action by owner.
... 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. |
|
Section 1312.08 | Tolling of statutes of limitation and repose - dismissal - application of chapter.
... to section 1312.04 of the Revised Code until the owner has complied with this chapter. (B) If an owner files a dwelling action or commences arbitration proceedings without having complied with this chapter, the court or arbitrator shall dismiss that action or those proceedings without prejudice. The owner may again file a dwelling action or commence arbitration proceedings after complying with this chapter. (C) Th... |
|
Section 1313.01 | Assignee's bond.
...ment, or a copy of it, cause it to be filed in the probate court, and enter into a bond, payable to the state, in such sum and with such sureties as the court approves, conditioned for the faithful performance of his duties. The court may require the assignee, or any trustee subsequently appointed, to execute an additional bond whenever the interests of the creditors of the assignor demand it. |
|
Section 1313.02 | Effective time of assignment.
...An assignment for the benefit of creditors as provided in section 1313.01 of the Revised Code is effective only from the time of its delivery to the probate judge, and the exact time of such delivery shall be indorsed thereon by the judge, who immediately shall note the filing on the journal of the court. Such assignment may be delivered by the assignor to the judge either before or after its delivery to the assignee... |
|
Section 1313.03 | Appointment of a trustee.
...original or a copy of it has not been filed in the probate court, or if the assignee named thereon fails for that time to give bond, on application of the assignor, or any of his creditors, the court shall make an order removing such assignee and appoint a trustee in his place. If more than one assignee is named in the assignment, and some fail to give bond, the court may permit the assignee complying with sections 1... |
|
Section 1313.04 | Resignation.
...on of a majority of the creditors in amount, the court may appoint an additional trustee. |
|
Section 1313.05 | Election of trustee by creditors.
... section 1313.01 of the Revised Code, files a complaint alleging that the assignees named in the deed of assignment, or the trustees appointed by the probate court, for the benefit of creditors are not suitable persons to administer the trust, or that their administration thereof will not be for the best interests of the creditors and assignor, the court thereupon shall issue a citation to such assignees, or trustees... |
|
Section 1313.06 | Proceedings.
....05 of the Revised Code creditors representing fifty per cent or more of the debts of the assignor, present or represented by attorney, may proceed to the election of trustees for the benefit of creditors, a majority in value of all the debts represented at such meeting being necessary to a choice. The proceedings of the meeting showing what creditors were present, the amount of the debts held by them respectively, ... |