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(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 § 90.04 shall apply to:
(1) Any single-family house sold or rented by an owner where the private individual owner does not own more that three single-family houses at any one time; provided that, in the sale of the 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 the house prior to the sale, the exemption shall apply only to one 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 single-family houses at any one time. The sale or rental of any single-family house shall be excepted from application of this section only if the house is old 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 broker, agent or salesperson, or person; and
(b) Without the publication, posting or mailing, after notice of advertisement or written notice in violation of § 90.04(C), but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other professional assistance as necessary to perfect or transfer this title.
(2) Rooms or units in dwelling containing living quarters occupied or intended to be occupied by no more that four families living independently of
each other, if the owner actually maintains and occupies one of the living quarters as his or her residence.
(C) For the purposes of division (B) above, a person a 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. 5-1994, passed 3-7-1994)