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Oh Disclosure RequirementsLead_paint_ohMEDIUM

An Ohio property built in 1975 is being sold as a short sale (lender-approved sale for less than the mortgage balance). The seller has moved out and the bank is managing the sale. Under federal law, who is responsible for providing the lead-based paint disclosure?

Correct Answer

D) The seller remains responsible for the disclosure, even in a short sale situation

In a short sale, the seller remains the owner of record and is responsible for the lead-based paint disclosure. The bank approves the sale terms but does not assume the seller's disclosure obligations. If the seller is unavailable, the practical burden may fall on the listing agent to ensure compliance.

Answer Options
A
The bank is exempt from lead paint disclosure because it is a financial institution
B
The listing agent alone is responsible for providing the lead paint disclosure in a short sale
C
The buyer must waive lead paint disclosure in a short sale
D
The seller remains responsible for the disclosure, even in a short sale situation

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Related Topics & Key Terms

Key Terms:

short_salelead_paintseller_responsibilityohio_disclosures

Related Concepts

A material defect is a condition that significantly affects the value, desirability, or safety of a property and that would likely influence a reasonable buyer's decision to purchase or the price they would pay.

Megan's Law requires states to make information about registered sex offenders available to the public. Some states require real estate agents to inform buyers about the availability of sex offender registries.

Mold disclosure involves informing buyers about the presence of mold or conditions that are conducive to mold growth in a property. While no federal mold disclosure law exists, many states require disclosure of known mold issues.

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