An Ohio seller discloses on the Residential Property Disclosure Form that the basement has had 'occasional dampness.' After closing, the buyer experiences major flooding during a heavy rainstorm. The buyer sues the seller. Under Ohio case law, what is the key issue the court will consider?
Correct Answer
D) Whether 'occasional dampness' adequately described the known severity of the water problem
The key issue is whether the seller's description of 'occasional dampness' was an honest and adequate representation of the known water problem. If the seller experienced major flooding but described it as 'occasional dampness,' this could constitute fraudulent minimization of a known condition.
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Patricia, an Ohio seller, completes the Residential Property Disclosure Form. Two weeks later, she receives an updated form from her agent with new questions added. Under Ohio law, must Patricia complete the updated form?
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Under ORC §5302.30, the Ohio Residential Property Disclosure Form must be provided by the seller in certain residential transactions. All of the following transactions require the disclosure form EXCEPT: