David, an Ohio seller, discloses a history of basement water intrusion on the Residential Property Disclosure Form. He notes that he installed a sump pump 2 years ago to address the issue. After closing, the buyer experiences flooding in the basement. Under Ohio law, does David have liability?
Correct Answer
B) No, if David accurately disclosed the issue and the remedial measures he took
Under Ohio law, the Residential Property Disclosure Form requires honest disclosure of known conditions, not a guarantee. If David accurately disclosed the water intrusion history and the sump pump installation, he likely fulfilled his disclosure obligation. The form protects sellers who provide truthful, complete information.
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Under ORC §5302.30, certain property transfers are exempt from the Ohio Residential Property Disclosure Form requirement. All of the following transfers are exempt EXCEPT:
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