Kelly, an Ohio listing agent, is listing a home built in 1968. The seller tells Kelly that the home was painted with lead paint when it was built. Under Ohio law, what are Kelly's disclosure obligations?
Correct Answer
A) Kelly must ensure the seller provides the required lead paint disclosures and must not withhold known information about lead hazards
Under federal law and Ohio practice, the listing agent has an obligation to ensure the seller provides the required lead paint disclosures (EPA pamphlet, known information, inspection opportunity). Additionally, under ORC §4735.62, Kelly cannot withhold known material facts, including information about lead paint.
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Under federal lead-based paint disclosure requirements as applied in Ohio, certain property transfers are exempt from lead paint disclosure. All of the following transfers are exempt EXCEPT:
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Dan, an Ohio seller, is selling a home built in 2005. His buyer's agent asks about lead-based paint disclosure. Under federal law, what is Dan's obligation?