An Ohio buyer waives the right to receive the Residential Property Disclosure Form in writing as part of the purchase agreement. After closing, the buyer discovers undisclosed defects. Under Ohio law, does the waiver eliminate the buyer's right to sue for fraud?
Correct Answer
C) No, a buyer cannot waive the right to sue for fraudulent concealment of known defects
Under Ohio law, a buyer cannot waive the right to sue for fraudulent concealment. Even if the buyer waives receipt of the disclosure form, the seller remains liable for actively concealing known material defects. Public policy prevents contracts from shielding fraud.
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More Oh Disclosure Requirements Questions
An Ohio property is in a township that has recently enacted a point-of-sale inspection requirement for residential property transfers. The seller was not aware of this new requirement. Under Ohio practice, whose responsibility is it to ensure compliance with local point-of-sale requirements?
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An Ohio property has a private road easement that requires the property owner to share maintenance costs with 4 other property owners. Under Ohio disclosure law, what must the seller disclose?
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?
- → 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?
- → Roger, an Ohio seller, asks his agent whether mold is considered an environmental hazard that must be disclosed. Under Ohio disclosure practice, which statement is correct?
- → Matt, an Ohio first-time seller, asks his agent what an underground storage tank (UST) is and why it matters for disclosure. Under Ohio environmental law, why must USTs be disclosed?
- → 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?
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Previous Question
An Ohio seller's property has a septic system that was inspected and passed 5 years ago. The seller discloses the last inspection date on the Residential Property Disclosure Form but has not had a recent inspection. Under Ohio practice, is this disclosure adequate?
Next Question
An Ohio seller completes the Residential Property Disclosure Form listing no known issues with the electrical system. The seller hired an electrician 2 years ago who identified outdated wiring and recommended upgrades, but the seller chose not to make the repairs. Under Ohio law, what is the seller's disclosure obligation?