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Under Ohio law, seller's agent Bill discovers that his client's property was previously used as a methamphetamine lab but was professionally remediated and certified clean by the Ohio Department of Health. Under Ohio's stigmatized property law, must Bill disclose this history to prospective buyers?

Correct Answer

A) Yes, because Ohio's Residential Property Disclosure Form requires the seller to disclose known prior use of the property as a methamphetamine lab even after remediation, and the agent must not conceal that known material fact

Ohio's Residential Property Disclosure Form (ORC 5302.30) requires sellers to disclose known prior methamphetamine production on the property, and an agent with actual knowledge of that history cannot conceal it from buyers even when the property has been remediated.

Answer Options
A
Yes, because Ohio's Residential Property Disclosure Form requires the seller to disclose known prior use of the property as a methamphetamine lab even after remediation, and the agent must not conceal that known material fact
B
Only if the property tests positive for contamination during the buyer's inspection
C
Only if the buyer specifically asks whether the home was ever used to manufacture drugs
D
No, because under Ohio's stigmatized property statute, certified remediation extinguishes any duty to disclose former meth lab use

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Related Topics & Key Terms

Key Terms:

seller_agentmeth_labstigmatized_propertyremediationdisclosureORC_3742

Related Concepts

The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.

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