Emma, an Ohio buyer, receives the Residential Property Disclosure Form indicating the property has a private well. The form states the seller is unaware of any water quality issues. After closing, the buyer tests the water and discovers elevated nitrate levels. Under Ohio law, can Emma sue the seller?
Correct Answer
D) Only if Emma can prove the seller actually knew about the water quality issues before completing the form
Under ORC §5302.30, the seller's liability for disclosure form statements is based on actual knowledge. Emma must prove the seller knew about the water quality issues and intentionally misrepresented the condition. If the seller genuinely did not know, marking 'no known issues' was truthful.
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More Oh Disclosure Requirements Questions
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Adam, a newly licensed Ohio salesperson, asks his broker what the seller must disclose about the property's septic system on the disclosure form. Under ORC §5302.30, which statement is correct?
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An Ohio estate executor is selling a decedent's home. The executor lived out of state and has never been inside the property. The buyer requests a Residential Property Disclosure Form. Under ORC §5302.30, how should the executor respond?