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Sec. 10. (a) An owner must complete and sign a disclosure form and submit the form to a prospective buyer before an offer for the sale of the residential real estate is accepted.
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.
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'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.
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.
Ohio law requires sellers to disclose any known material defects, including mold presence. Honesty and transparency about mold issues are legal obligations that build foundational trust with potential buyers and are crucial to avoid legal repercussions.