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BROWN v. LIBERTY CLUBS, INC.

No. 88-793.

45 Ohio St. 3d 191 (1989)

BROWN ET AL., APPELLANTS, v. LIBERTY CLUBS, INC., APPELLEE.

Supreme Court of Ohio.

Decided September 6, 1989.

Attorney(s) appearing for the Case

Ronald L. Burdge, for appellants.

Ralph A. Henderson, for appellee.

Anthony J. Celebrezze, Jr., attorney general, Ric S. Sheffield and Dianne Goss Paynter, urging reversal for amicus curiae, Consumer Protection Division.

SWEENEY, J.

All parties correctly agree that the Consumer Act has no application in a "pure" real estate transaction. However, the determinative issue before us is one of first impression and asks whether R.C. Chapter 1345, the Ohio Consumer Sales Practices Act, is applicable to the personal property or services portion of a "mixed" transaction that also involves the sale of real estate. Since we believe that this issue must be answered in the affirmative, we reverse...

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