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(A) All dwellings except as exempted by division (B) and IC 22-9.5-3.
(B) Other than the provisions of division (C) of this section, nothing in § 96.04 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 that 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 that owner's 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. The sale or rental of any such single-family house shall be excepted from application of this section only if that 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 salesman, or any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent or salesman, or person; and
(b) Without the publication, posting or mailing, after notice of advertisement or written notice in violation of § 96.04(C) of this chapter, but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other such professional assistance as necessary to perfect or transfer this title; or
(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 those living quarters as that owner's residence.
(C) For the purposes of division (B), a person shall be deemed to be in the business of selling or renting dwellings if that person:
(1) 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; or
(2) Has, within the preceding 12 months, participated as agent, other than in the sale of that person's 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) Is the owner of any dwelling unit designed or intended for occupancy by, or occupied by, five or more families.
(Ord. 1993-1, passed 2-22-93)