Property Disclosure Law in the City of Dayton (sales, foreclosures)

[HomesInDayton]

If you are buying or selling a home in the City of Dayton: Beginning Jan. 1 2007, the City of Dayton passed an ordinance requiring all residential sales to include an "Disclosure of Open Violation" Notice. This discloses to all parties any open city violations.

Both buyers and sellers must have signed this notice and it must be filed within 3 days of the sale. Failure to file is a minor misdemeanor and fines will be involved for failure to file. And a $60.00 filing fee is levied if there are open violations.

THis does not apply to certain conveyances such as divorce.

The website for complete information is www.cityofdayton.org .

[CirclevilleGuy]

Interesting , does that apply to bank foreclosures? Usually banks rarely sell with any sort of disclosures.

[HomesInDayton]

I'm not a lawyer , but it would appear that the seller, whether it is an individual or an organization, has to sign the disclosure stating that they are aware the property is in open violation. The seller does not have to make the repairs. The buyer, by signing, states that violations, if any, have been disclosed, and the buyer will be responsible for repairs if the seller will not (negotiated through the purchase contract). And you are right, typically banks do not make disclosures.

It would appear the law is to make sure that violations are disclosed only, not to have them repaired prior to sale.

[travelin]

Originally Posted by HomesInDayton

If you are buying or selling a home in the City of Dayton: Beginning Jan. 1 2007, the City of Dayton passed an ordinance requiring all residential sales to include an "Disclosure of Open Violation" Notice. This discloses to all parties any open city violations.

Both buyers and sellers must have signed this notice and it must be filed within 3 days of the sale. Failure to file is a minor misdemeanor and fines will be involved for failure to file. And a $60.00 filing fee is levied if there are open violations.

THis does not apply to certain conveyances such as divorce.

The website for complete information is www.cityofdayton.org .

What is considered an Open Violation? Is it as simple as something not being up to the every changing code. If so, then is sounds like just an excuse to collect 60 dollars on every sale. It's impossible to find a house more than a few years where every single item is up to code. A home inspector will find something.