Ohio's disclosure requirement comes from a law called Ohio Revised Code § 5302.30, which requires people selling residential property containing one to four dwelling units to fill out a Residential Property Disclosure Form.
Property sellers are usually required by law to disclose negative information about a property. It is usually wise to disclose issues with your home, whether you are legally required to or not. The seller must follow local, state, and federal laws regarding disclosures when selling their home.
You can get the form from a buyer's or seller's agent or real estate attorney. While the disclosure form will vary in format, it may contain the following: List of specific issues the homeowner must check off if the home has them. Questions about the property the seller must answer with “Yes,” “No” or “Unknown”
The following states are currently non-disclosure states: Alabama, Alaska, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Texas, Utah, and Wyoming.
The most commonly required disclosure in a residential real estate sale is the seller's property disclosure. This is a document that is provided by the seller that discloses any known defects or issues with the property, such as leaky roofs, plumbing problems, or electrical issues.
Ohio law requires sellers to fill out a real estate disclosure. There are certain circumstances, however, where it is not needed. For example, when a property is a foreclosure, is being transferred directly between owners, or when a property is transferred to or from a governmental agency.
The Ohio Residential Property Disclosure Form specifically requires disclosure on: The source of the property's water supply (public, well, etc.) The nature of the sewer system (public, private, septic tank, etc) Roof damage and repairs within the past five years. Previous or current water intrusion or water damage.
In most states, by law, you have to disclose any issues with the property. By not disclosing, you open yourself up to lawsuit.
Ohio law mandates sellers to disclose any known material defects, including the presence of mold.