In most states, by law, you have to disclose any issues with the property. By not disclosing, you open yourself up to lawsuit.
Who Qualifies for Disclosure Exemptions? Trustees and Fiduciaries. Court-Ordered Sales. Foreclosure and Deed in Lieu of Foreclosure. Transfers Between Related Parties. Government-Related Transactions. Non-Residential or Lease Transfers.
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.
Section 5302.30 | Property disclosure form required for all residential real property transfers.
Apart from stating various characteristics and important aspects of the property and structure, the seller must disclose latent defects of the house as stated under § 5302.30 of the Ohio Code. Sellers must refrain from actively concealing any defect and must disclose all material information known to them.
In general, a disclosure document is supposed to provide details about a property's condition that might negatively affect its value. Sellers who willfully conceal information can be sued and potentially convicted of a crime. Selling a property "As Is" will usually not exempt a seller from disclosures.
Purpose of Disclosure Form: This is a statement of certain conditions and information concerning the property actually known by the owner.
The Residential Real Property Disclosure Act is an Illinois statute that was enacted in 1998 with the purpose of protecting home buyers from unscrupulous sellers who falsely report the condition of their property. It is supposed to provide buyers with a reliable representation on the major conditions of a property.
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.