Ohio § 5301.78
Full text of Ohio Ohio Revised Code § 5301.78, with citation guidance and answers to common questions.
§ 5301.78.
(A)(1) If an unfair service agreement or a notice or memorandum of an unfair service agreement
is recorded in this state in violation of section 5301.77 of the Revised Code , any party with an interest in the residential real estate that is the subject of
that agreement may commence a civil action in a court of competent jurisdiction in
the county in which the agreement, notice, or memorandum is recorded. (2) If the court determines that the recorded instrument is an unfair service agreement
or a notice or memorandum of an unfair service agreement, the court shall do both
of the following: (a) Issue a judgment declaring the service agreement, notice, or memorandum to be unenforceable; (b) Award to any party with an interest in the residential real estate that is the subject
of that agreement all of the following: (i) Actual economic damages; (ii) Court costs and fees; (iii) Reasonable attorney's fees. (B) When an unfair service agreement or notice or memorandum of an unfair service agreement
is declared unenforceable by a judgment under division (A)(2)(a) of this section,
any party with an interest in the residential real estate may obtain a certified copy
of the judgment declaring the service agreement, notice, or memorandum to be unenforceable
and present the certified copy of the judgment to the county recorder's office for
recording within the chain of title to the property.
Frequently Asked Questions About Ohio § 5301.78
What does Ohio Revised Code § 5301.78 cover?
Section 5301.78 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5301.78?
A common citation format is "Ohio Revised Code § 5301.78" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5301.78 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.