Rachel, an Ohio seller, discloses on the Residential Property Disclosure Form that the home had a fire in the kitchen 5 years ago. She states the damage was fully repaired. After closing, the buyer discovers hidden fire damage in the walls behind the repaired area. Under Ohio law, what determines the seller's liability?
Correct Answer
C) Whether the seller knew about the hidden damage behind the walls when completing the disclosure form
Under ORC §5302.30, the seller's liability is based on actual knowledge. If Rachel knew about the hidden fire damage and failed to disclose it, she is liable. If she genuinely believed the repairs addressed all damage, her disclosure may have been truthful and complete based on her knowledge.
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Related Concepts
A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.
Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.
Radon disclosure involves informing buyers about the presence or potential presence of radon gas in a property. Radon is a naturally occurring radioactive gas that can accumulate in buildings and is the second leading cause of lung cancer.
More Oh Disclosure Requirements Questions
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- → 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?
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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?
- → 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?
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- → 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?
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Previous 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?
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Steven, an Ohio seller, is completing the Residential Property Disclosure Form. The form asks about the HVAC system. Steven knows the furnace is 20 years old and makes unusual noises but still functions. Under Ohio law, how should Steven answer?