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Ohio

Ohio Rev. Code § 5313.01–5313.10

Contract type

Land contract

Cure period

30 days statutory

Recording

Required

County Recorder

Default remedy

Forfeiture or judicial foreclosure

Owner-Finance Land Contracts in Ohio

Overview

Ohio has one of the most detailed land-installment-contract statutes in the country: Chapter 5313 of the Ohio Revised Code. Chapter 5313 imposes mandatory contents, recording obligations, default procedures, and limits on forfeiture for "land installment contracts" involving property "containing a dwelling." Vacant, unimproved land falls outside Chapter 5313's residential scope.

Governing Law

The principal statute is Ohio Rev. Code § 5313.01 through § 5313.10. Recording is in Chapter 317. The Statute of Frauds is at R.C. § 1335.04. Foreclosure of mortgages is in Chapter 2329.

Recording the Buyer's Interest

ORC § 5313.02(C) requires the seller to record the residential land installment contract at the county Recorder's office within twenty days after execution. For vacant-land contracts outside Chapter 5313, recording is not statutorily mandatory but is strongly recommended.

Default and Cure Period

For residential contracts, ORC § 5313.05 sets the default and forfeiture procedure: written notice, statutory cure period, and forfeiture limits under ORC § 5313.07 and § 5313.08. For vacant-land contracts, no statutory cure period applies; contracts typically provide 30 days.

Seller Remedies on Default

The most important Ohio rule is in ORC § 5313.07: if the buyer has paid in accordance with the contract for five years or more, or has paid an amount equal to or more than 20% of the purchase price, the seller cannot pursue forfeiture and must instead foreclose the contract under Chapter 2323 procedures, with the buyer entitled to any surplus. For shorter or smaller-equity contracts, forfeiture is available after notice and cure.

Vacant Land vs. Residential

Chapter 5313 applies to land installment contracts on property "containing a dwelling." Vacant land is outside Chapter 5313 and governed by general contract law.

Practical Notes for Sellers

  • Confirm the parcel is unimproved and outside Chapter 5313.
  • Recognize that long-running vacant-land contracts may be treated as equitable mortgages.
  • Include a 30-day notice-of-default and cure provision.
  • Sellers contemplating residential land contracts should treat Chapter 5313 compliance as nonnegotiable.

Disclaimer

This page is a public-law summary for general informational purposes only. It is not legal advice. Owner-finance transactions are state-specific and fact-specific. Engage a licensed attorney in the parcel's state before drafting, signing, or recording any agreement.

Structured data

The legal mechanics of a Ohio deal.

Governing statute
high confidence
Ohio Rev. Code § 5313.01–5313.10
Chapter 5313 governs land installment contracts for property containing a dwelling. Vacant land is generally outside Chapter 5313.
Recording instrument
Land installment contract or memorandum
Filed at the County Recorder. Recording is required to perfect the buyer's interest in the chain of title.
Cure period
30 days (statutory)
ORC § 5313.05 provides default and forfeiture procedures for residential land contracts. Vacant-land contracts default to general contract law.
Default remedy
Forfeiture or judicial foreclosure
Chapter 5313 distinguishes contracts where buyer has paid <20% / <5 years (forfeiture available) from those with greater equity (foreclosure required).
Notable requirements
  • ORC § 5313.02 specifies mandatory contents for residential land contracts
  • Recording within 20 days at county Recorder
Prohibited or limited
  • Forfeiture not available for residential contracts where buyer has paid 20% or held the contract 5+ years (ORC § 5313.07–08); foreclosure required
Vacant land vs. residential
Chapter 5313 applies primarily to land installment contracts on property 'containing a dwelling.' Vacant unimproved land outside Chapter 5313.

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Important disclaimer

This page is a public-law summary for general informational purposes only. It is not legal advice. Owner-finance transactions are state-specific and fact-specific. Engage a licensed attorney in Ohio before drafting, signing, or recording any agreement. Statute citations and procedural notes may be incomplete or out of date — always verify against the current code.