An Ohio property has been voluntarily enrolled in the Ohio EPA's Voluntary Action Program (VAP) for environmental cleanup. The cleanup has been completed and a No Further Action (NFA) letter has been issued. Under Ohio law, what must the seller disclose?
Correct Answer
A) The VAP enrollment, the cleanup performed, and the NFA letter as environmental history
Full disclosure requires the seller to share the complete environmental history: the VAP enrollment, the nature of the cleanup performed, and the NFA letter. This gives the buyer complete information about the property's environmental history and any ongoing conditions or restrictions.
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Related Concepts
An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.
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More Oh Disclosure Requirements Questions
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Susan, an Ohio buyer's agent, discovers that a property she is showing has a known code violation. Under Ohio law, what is Susan's disclosure obligation?
- → 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?
- → 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?
- → 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?
- → Under Ohio environmental disclosure requirements, sellers must disclose various environmental conditions. All of the following are environmental conditions that must be disclosed on the Ohio Residential Property Disclosure Form EXCEPT:
- → 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?
- → An Ohio seller's property has naturally occurring radon levels that exceed the EPA action level of 4.0 pCi/L. The seller had a mitigation system installed that reduced levels to 2.0 pCi/L. Under Ohio disclosure law, what must the seller disclose?