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?
Correct Answer
B) The executor is exempt from the disclosure form because estate transfers are exempt under ORC §5302.30
Under ORC §5302.30, transfers by a fiduciary (including an estate executor) in the administration of a decedent's estate are exempt from the Residential Property Disclosure Form requirement. The executor is not required to complete the form because they typically lack personal knowledge of the property's condition.
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More Oh Disclosure Requirements Questions
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- → 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?
- → Kevin, an Ohio first-time seller, asks whether he must disclose that his property is connected to the municipal sewer system. 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?
- → 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?
- → 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?
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Previous Question
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?
Next Question
Gary, an Ohio seller, accurately completes the Residential Property Disclosure Form disclosing a repaired sewer line. The buyer's agent notices the disclosure and asks for repair documentation. Under Ohio practice, is the seller required to provide additional documentation?