An Ohio seller completes the Residential Property Disclosure Form but fails to disclose a known mold issue in the bathroom. The buyer discovers the mold after closing and sues. Under ORC §5302.30, what standard of liability applies to the seller?
Correct Answer
A) The seller is liable if they knew of the condition and failed to disclose it on the form
Under ORC §5302.30, the seller's liability is based on knowledge. If the seller knew about the mold condition and intentionally failed to disclose it on the Residential Property Disclosure Form, the seller can be held liable for damages. The standard is actual knowledge of the condition, not strict liability.
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Previous Question
Tom, a seller in Ohio, asks his agent what types of conditions must be disclosed on the Residential Property Disclosure Form. Under ORC §5302.30, what does the form cover?
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Under ORC §5302.30, the Ohio Residential Property Disclosure Form requires disclosure of various property conditions. All of the following must be disclosed on the form EXCEPT: