You can sell with violations open in Ohio
Ohio doesn’t stop an owner from selling a house with open code violations. What the law requires is that the buyer knows about them, and that the obligation to fix them moves with the property.
Two pieces of state law do the work:
- R.C. 5301.253. A seller who has received written notice of a building or housing code violation must give the buyer written notice of it before signing the purchase agreement, or before the deed is recorded if there’s no written agreement.
- Public record. The same section says a code order on the issuing authority’s public records is notice to every later buyer and can be enforced against the new owner without new notice.
The state disclosure form asks the same question in its zoning and code section: whether you know of any violations of building or housing codes or zoning ordinances affecting the property. So the violation is disclosed twice, once on the form and once in writing under 5301.253.
Local transfer rules to check
Many Ohio cities add their own step. A common model ordinance bars transferring a property under a compliance order until the order is fixed, or until the seller gives the buyer a true copy of the order and the buyer signs a notarized statement accepting responsibility for the repairs, which is filed with the code official. Norton, in Summit County, has that requirement in its unsafe-buildings chapter.
Rules differ by city, so ask the code department that issued your order what it needs before a transfer. A handful of Summit County towns, such as Macedonia, Northfield and Twinsburg, also require an exterior point-of-sale inspection, which can turn up new violations; see point-of-sale inspections in Northeast Ohio.
How enforcement moves in Akron
Akron’s Housing Compliance Division enforces the city’s Environmental Health Housing Code. A case usually begins with a complaint or an inspection, followed by a written order listing the violations and a deadline to fix them.
If an order is appealed, or if the city recommends demolition, the case goes to the Housing Appeals Board, a panel of Akron residents appointed by the mayor. The city says the board meets on the third Thursday of each month at 9:00 a.m. in Council Chambers on the third floor of the Municipal Building, 166 S. High Street.
According to Signal Akron, the board can give an owner time to repair when the owner shows initiative and the money to do the work. It can order a house repaired, vacated or demolished, and demolition costs are assessed against the property. For the local details, read Akron housing code enforcement and Akron demolition orders. If the house has already been placarded or condemned, our page on selling a condemned house covers that more serious stage.
Fix the violations or sell as-is
Fixing first is worth it when the list is short and cheap: peeling paint, a missing handrail, gutters, a broken window, tall grass. Clearing those orders makes the house easier to sell to any buyer, and it can be done in a weekend or two.
Selling as-is makes more sense when the order involves the roof, structure, electrical, plumbing or anything needing permits, or when the deadline is closer than a contractor’s schedule. A traditional buyer’s lender may refuse a house with open structural or safety orders, and the buyer may not want to inherit the city’s deadline.
Watch for related issues that come up in the same inspection: work done without permits, or permits never closed out. See selling a house with unpermitted work and selling a house with open permits.
What to bring when you sell
Gather everything the city has sent, even if it’s old:
- Every notice and order, with dates and deadlines.
- Any appeal paperwork and Housing Appeals Board decisions.
- Invoices or permits for work already done.
- Fine or assessment notices, which may already be on the tax bill.
City charges for work it has done, such as a demolition, can be assessed against the property and show up on the tax bill, where they are paid off at closing like back taxes. If you’re not sure what’s still open, call the department that issued the order and ask for the current status, or for a reinspection if you’ve fixed some items. Orders sometimes stay open on the city’s books long after the work was done, simply because no one asked for a final inspection.
With the paperwork in hand, we can price the work accurately and confirm the transfer requirements with the title company. Share what you have through the offer form.
