An Ohio seller discloses a history of radon testing on the Residential Property Disclosure Form. The test from 3 years ago showed 3.8 pCi/L, which is below the EPA action level of 4.0 pCi/L. After closing, the buyer tests and finds 5.5 pCi/L. Under Ohio law, is the seller liable?
Correct Answer
D) No, if the seller honestly disclosed the prior test result that they were aware of
The seller honestly disclosed the prior radon test result. Since radon levels can naturally fluctuate over time, the seller is not liable for a later reading that exceeds the EPA action level, as long as the seller disclosed what they knew. The disclosure form captures the seller's knowledge, not a guarantee of future conditions.
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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?
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