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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Related Concepts
An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.
Asbestos disclosure involves informing buyers about the presence of asbestos-containing materials (ACMs) in a property. Asbestos was commonly used in construction materials before 1980 and poses health risks when fibers become airborne.
Violating fair housing laws can lead to significant penalties, including fines, civil liability, and professional discipline.
More Oh Disclosure Requirements Questions
Lisa, an Ohio seller, discovers that her property's drinking water has high iron content, causing staining of fixtures. The water is safe to drink but cosmetically unpleasant. Under Ohio disclosure law, must Lisa disclose this?
Carlos, an Ohio seller, is asked about HOA assessments on the disclosure form. The HOA has informed all owners of a pending special assessment for pool repairs but has not yet voted on the exact amount. Under Ohio law, must Carlos disclose this?
An Ohio property was enrolled in Ohio's Voluntary Action Program (VAP). During remediation, institutional controls were placed on the property restricting future use to residential purposes only and prohibiting excavation below 5 feet without Ohio EPA approval. Under Ohio law, what must the seller disclose about these restrictions?
An Ohio listing agent receives a home inspection report from the buyer's agent showing significant issues. The listing agent's current listing on the same property expires, and 6 months later, a new agent lists the property. Under Ohio law, does the original listing agent have any obligation regarding the inspection report?
Susan, an Ohio buyer's agent, discovers that a property she is showing has a known code violation. Under Ohio law, what is Susan's disclosure obligation?
- → Jake, an Ohio seller, has a property with a French drain system installed to address yard drainage issues. Under Ohio disclosure law, must Jake disclose the drainage system?
- → Terry, an Ohio seller, has a property with a water softener installed to treat hard water from the private well. Under Ohio disclosure law, must Terry disclose the water softener and the reason for its installation?
- → Tom, an Ohio seller, asks whether he must disclose that the property has a sump pump in the basement. Under Ohio disclosure practice, which statement is correct?
- → Nancy, an Ohio buyer, is purchasing a property and asks about environmental assessments. Her agent explains the different phases. Under Ohio environmental practice, what is the purpose of a Phase I Environmental Site Assessment?
- → Sara, an Ohio buyer, asks her agent whether she should conduct an environmental assessment before purchasing a residential property in a suburban neighborhood. Under Ohio practice, when is an environmental assessment typically recommended?
- → Christine, an Ohio seller, knows her property contains asbestos floor tiles in the basement. The tiles are in good condition and undamaged. Under Ohio disclosure law, must Christine disclose the asbestos?
- → Emily, an Ohio buyer, is purchasing a property near a former landfill. She asks her agent about potential environmental concerns. Under Ohio practice, what should the agent advise?
- → Under Ohio environmental disclosure requirements, sellers must disclose various environmental conditions. All of the following are environmental conditions that must be disclosed on the Ohio Residential Property Disclosure Form EXCEPT:
- → Amanda, an Ohio seller, is completing the Residential Property Disclosure Form. The form asks about environmental hazards. Under Ohio law, which of the following must be disclosed if known?
- → An Ohio seller's property has naturally occurring radon levels that exceed the EPA action level of 4.0 pCi/L. The seller had a mitigation system installed that reduced levels to 2.0 pCi/L. Under Ohio disclosure law, what must the seller disclose?
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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?