(A) All dwellings, except as exempted by division (B) below and I.C. 22-9.5-3;
(B) Other than the provisions of division (C) below, nothing in § 94.04(A) shall apply to:
(1) Any single-family house sold, or rented, by an owner where the private individual owner does not own more than three such single-family houses at any one time, provided that, in the sale of such single-family house by a private individual owner not residing in the house at the time of sale, or who was not the most recent resident of such house prior to the sale, the exemption shall apply only to one such sale within any 24-month period. The private individual owner may not own any interest in, nor have owned or reserved on his or her behalf title to, or any right to all, or a portion of, the proceeds from the sale or rental of more than three such single-family houses at any one time;
(2) The sale or rental of any such single-family house shall be excepted from application of this section only if such house is sold or rented:
(a) Without the use, in any manner, of the sales or rental facilities, or services of any real estate broker, agent, or salesperson, or any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, or salesperson, or person; and
(b) Without the publication, posting, or mailing, after notice of advertisement or written notice in violation of § 94.04(A)(3), but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other such professional assistance as necessary to perfect or transfer this title.
(3) 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 such living quarters as his or her residence.
(C) For the purposes of division (B) above, a person shall be deemed to be in the business of selling or renting dwellings if:
(1) He or she has, within the preceding 12 months, participated as principal in three or more transactions involving the sale, or rental, of any dwelling, or any interest therein;
(2) He or she has, within the preceding 12 months, participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities, or services, in two or more transactions involving the sale, or rental, of any dwelling, or any interest therein; or
(3) He or she is the owner of any dwelling unit designed, or intended, for occupancy by, or occupied by, five or more families.
(Ord. 94-4, passed 2-7-1994)