(B) Nothing in § 92.04, other than division (C), shall apply to:
(1) (a) Any single-family house sold or rented by an owner, provided the private individual owner does not own more than three single-family houses at any one time. In the case of the sale of any single-family house by a private individual owner not residing in the house at the time of the sale or who was not the most recent resident of the house prior to the sale, the exemption granted by this division shall apply only with respect to one sale within any 24-month period, provided the bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three single-family houses at any one time.
(b) The sale or rental of any single-family house shall be excepted for the application of this section only if the house is sold or rented without the use, in any manner, of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman, or of the facilities or services of any person in the business of selling or renting dwellings or of any employee or agent of any broker, agent, salesman or person and, further, without the publication, posting or mailing, after notice of any advertisement or written notice in violation of § 92.04(C).
(c) Nothing in this section shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other professional assistance necessary to perfect or transfer a title.
(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of the living quarters as his residence.
(C) For the purpose of division (B) above, a person shall be deemed to be in the business of selling or renting dwellings if he has, within the preceding 12 months:
(1) Participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or participated as agent, other than in the sale of his personal residence, in providing sales or rental facilities, or sales or rental services, in two or more transactions involving the sale or rental of any dwelling or any interest therein, or the 12 months notwithstanding; or
(2) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
(‘88 Code, § 5.303)