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
B) 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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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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