An Ohio seller completes the Residential Property Disclosure Form, indicating no knowledge of any boundary disputes. After closing, the buyer discovers that the neighbor has been encroaching on the property for years and the seller knew about it. Under Ohio law, what liability does the seller face?
Correct Answer
B) Liability for fraudulent misrepresentation on the disclosure form
If the seller knew about the boundary encroachment and deliberately indicated no knowledge of boundary disputes on the disclosure form, this constitutes fraudulent misrepresentation. The buyer can pursue damages for the seller's intentional false statement on the disclosure form.
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Brian, an Ohio buyer, receives the Residential Property Disclosure Form showing the seller disclosed a prior termite treatment. Brian wants more information. Under Ohio practice, what should Brian do?
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Angela, an Ohio seller, is selling a property she purchased as an investment 6 months ago. She has never lived in the property and has not made any improvements. Under ORC §5302.30, what is Angela's disclosure obligation?