Ohio § 5301.76

§ 5301.76.

(A) Subject to division (C) of this section, on and after the effective date of this

section, no service provider shall enter into, amend, or renew a service agreement

with a consumer if both of the following apply: (1) The service subject to the agreement is not to be performed within one year after

the date the parties enter into the agreement. (2) The service agreement has any of the following characteristics: (a) The service agreement purports to run with the land or to be binding on future owners

of interests in the residential real estate. (b) The service agreement allows for assignment of the right to provide the service subject

to the agreement without notice to and consent of the owner of the residential real

estate. (c) The service agreement purports to create a lien, encumbrance, or other security interest

in the residential real estate. (B) Subject to division (C) of this section, an unfair service agreement described under

division (A) of this section that is entered into, amended, or renewed on or after

the effective date of this section is void and unenforceable. (C) Sections 5301.75 to 5301.78 of the Revised Code do not apply to any of the following: (1) A home warranty or similar product that covers the cost of maintenance of a major

home system for a fixed period; (2) An insurance contract; (3) An option to purchase or right of refusal; (4) A declaration created in the formation of a planned community, as defined in section 5312.01 of the Revised Code , or a condominium development, as defined in section 5311.01 of the Revised Code , or any amendment to such a declaration; (5) A maintenance or repair agreement entered by an owners association, as defined by section 5312.01 of the Revised Code , or a unit owners association, as defined by section 5311.01 of the Revised Code ; (6) A mortgage loan or a commitment to make or receive a mortgage loan; (7) A security agreement made pursuant to Chapter 1309. or 1310. of the Revised Code

relating to the sale or rental of personal property or fixtures; (8) Water, sewer, electrical, telephone, cable, or other regulated utility service providers. (D) A violation of division (A) of this section is an unfair and deceptive act or practice

in violation of section 1345.02 of the Revised Code .  All powers and remedies available to the attorney general to enforce sections 1345.01 to 1345.13 of the Revised Code are available to the attorney general to enforce this section. (E) Nothing in this section shall be construed to interfere with any provision of Chapter

1311. of the Revised Code concerning mechanics' liens.