Ohio Code § 5301.78
Ohio Code § 5301.78. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 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.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5301.78
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
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The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 5301.78 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 5301.78 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
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