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In navigating the complexities of property transactions within Ohio, the Residential Property Disclosure Form plays a crucial role, ensuring transparency and trust between property owners and potential buyers. Mandated by the Ohio Revised Code Section 5302.30, this comprehensive document serves not only as a declaration of the property's state as known by the owner but also underscores the importance of due diligence by the purchaser. It ranges from detailing water supply issues, sewer system conditions, roof and structural integrity, to the presence of hazardous materials, thereby providing a candid outlook on the property's condition. The form clarifies that while owners report to the best of their knowledge, it does not replace professional inspections, encouraging buyers to conduct their own for a well-informed decision. Moreover, it addresses subsequent owners' transactions, zoning violations, flood risks, and potential assessments, making it a fundamental step in the property transfer process. Through this document, owners certify their statements in good faith, all while reminding potential buyers of their responsibility to investigate further, including issues related to Megan's Law and abandoned underground mines. Thus, the Ohio Disclosure Form stands as a critical tool in fostering informed, transparent, and fair real estate transactions within the state.

Example - Ohio Disclosure Form

STATE OF OHIO

2013

DEPARTMENT OF COMMERCE

RESIDENTIAL PROPERTY DISCLOSURE FORM

Purpose of Disclosure Form: This is a statement of certain conditions and information concerning the property actually known by the owner. An owner may or may not have lived at the property and unless the potential purchaser is informed in writing, the owner has no more information about the property than could be obtained by a careful inspection of the property by a potential purchaser. Unless the potential purchaser is otherwise informed, the owner has not conducted any inspection of generally inaccessible areas of the property. This form is required by Ohio Revised Code Section 5302.30.

THIS FORM IS NOT A WARRANTY OF ANY KIND BY THE OWNER OR BY ANY AGENT OR

SUBAGENT REPRESENTING THE OWNER. THIS FORM IS NOT A SUBSTITUTE FOR ANY

INSPECTIONS. POTENTIAL PURCHASERS ARE ENCOURAGED TO OBTAIN THEIR OWN

PROFESSIONAL INSPECTION(S).

Owner’s Statement: The statements contained in this form are made by the owner and are not the statements of the owner’s agent or subagent. The statements contained in this form are provided by the owner only to potential purchasers in a transfer made by the owner. The statements are not for purchasers in any subsequent transfers. The information contained in this disclosure form does not limit the obligation of the owner to disclose an item of information that is required by any other statute or law to be disclosed in the transfer of residential real estate.

OWNER INSTRUCTIONS

Instructions to Owner: (1) Answer ALL questions. (2) Report known conditions affecting the property. (3) Attach additional pages with your signature if additional space is needed. (4) Complete this form yourself. (5) If some items do not apply to your property, write NA (not applicable). If the item to be disclosed is not within your actual knowledge, indicate Unknown.

Owner’s Initials

 

Date

 

Purchaser’s Initials

 

Date

Owner’s Initials

 

Date

 

Purchaser’s Initials

 

Date

 

 

 

 

 

 

(Page 1 of 5)

 

 

2013

STATE OF OHIO DEPARTMENT

OF COMMERCE

RESIDENTIAL PROPERTY DISCLOSURE FORM

Pursuant to section 5302.30 of the Revised Code and rule 1301:5-6-10 of the Administrative Code.

TO BE COMPLETED BY OWNER (PLEASE PRINT)

Property Address:

Owners Name(s):

Date:, 20

Owner is is not occupying the property. If owner is occupying the property, since what date:

If owner is not occupying the property, since what date:

THE FOLLOWING STATEMENTS OF THE OWNER ARE BASED ON OWNER’S ACTUAL KNOWLEDGE

A) WATER SUPPLY: The source of water supply to the property is (check appropriate boxes):

Public Water Service

Private Water Service

Private Well

Shared Well

Holding Tank

Cistern

Spring

Pond

Unknown Other

Do you know of any current leaks, backups or other material problems with the water supply system or quality of the water?

 

Yes

No

If “Yes”, please describe and indicate any repairs completed (but not longer than the past 5 years):

 

 

 

 

 

 

 

 

 

 

 

Is the quantity of water sufficient for your household use? (NOTE: water usage will vary from household to household)

Yes

 

No

 

B)SEWER SYSTEM: The nature of the sanitary sewer system servicing the property is (check appropriate boxes):

Public Sewer

Private Sewer

Septic Tank

Leach Field

Aeration Tank

Filtration Bed

Unknown

Other

 

 

 

If not a public or private sewer, date of last inspection:

 

Inspected By:

 

Do you know of any previous or current leaks, backups or other material problems with the sewer system servicing the property?

Yes

 

No

 

If “Yes”, please describe and indicate any repairs completed (but not longer than the past 5 years):_

 

 

 

 

 

 

 

Information on the operation and maintenance of the type of sewage system serving the property is available from the

department of health or the board of health of the health district in which the property is located.

 

 

C) ROOF: Do you know of any previous or current leaks or other material problems with the roof or rain gutters?

Yes

No

If “Yes”, please describe and indicate any repairs completed (but not longer than the past 5 years):

 

 

 

D)WATER INTRUSION: Do you know of any previous or current water leakage, water accumulation, excess moisture or other

defects to the property, including but not limited to any area below grade, basement or crawl space?

Yes

 

No

If “Yes”, please describe and indicate any repairs completed:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Owner’s Initials

 

Date

Purchaser’s Initials

 

 

Date

Owner’s Initials

 

Date

 

 

Purchaser’s Initials

 

 

Date

 

 

(Page 2 of 5)

Property Address_

Do you know of any water or moisture related damage to floors, walls or ceilings as a result of flooding; moisture seepage; moisture condensation; ice damming; sewer overflow/backup; or leaking pipes, plumbing fixtures, or appliances? Yes No

If “Yes”, please describe and indicate any repairs completed:

Have you ever had the property inspected for mold by a qualified inspector?

Yes

 

No

 

If “Yes”, please describe and indicate whether you have an inspection report and any remediation undertaken:

 

 

 

 

 

 

 

Purchaser is advised that every home contains mold. Some people are more sensitive to mold than others. If concerned about this issue, purchaser is encouraged to have a mold inspection done by a qualified inspector.

E)STRUCTURAL COMPONENTS (FOUNDATION, BASEMENT/CRAWL SPACE, FLOORS, INTERIOR AND EXTERIOR WALLS): Do you know of any previous or current movement, shifting, deterioration, material cracks/settling (other than visible minor cracks or blemishes) or other material problems with the foundation, basement/crawl space, floors, or interior/exterior walls?

Yes

 

No

If “Yes”, please describe and indicate any repairs, alterations or modifications to control the cause or effect of any

problem

identified (but not longer than the past 5 years):

 

 

Do you know of any previous or current fire or smoke damage to the property?

Yes

If “Yes”, please describe and indicate any repairs completed:

 

No

F) WOOD DESTROYING INSECTS/TERMITES: Do you know of any previous/current presence of any wood destroying insects/termites in or on the property or any existing damage to the property caused by wood destroying insects/termites? Yes If “Yes”, please describe and indicate any inspection or treatment (but not longer than the past 5 years):

No

G)MECHANICAL SYSTEMS: Do you know of any previous or current problems or defects with the following existing mechanical systems? If your property does not have the mechanical system, mark N/A (Not Applicable).

 

YES

NO

N/A

 

YES

NO

N/A

1)

Electrical

 

 

 

 

8)

Water softener

 

 

 

 

 

 

2)

Plumbing (pipes)

 

 

 

 

 

a. Is water softener leased?

 

 

 

 

 

 

3)

Central heating

 

 

 

 

9)

Security System

 

 

 

 

 

 

4)

Central Air conditioning

 

 

 

 

 

a. Is security system leased?

 

 

 

 

 

 

5)

Sump pump

 

 

 

 

10)

Central vacuum

 

 

 

 

 

 

6)

Fireplace/chimney

 

 

 

 

11)

Built in appliances

 

 

 

 

 

 

7)

Lawn sprinkler

 

 

 

 

 

 

12)

Other mechanical systems

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If the answer to any of the above questions is “Yes”, please describe and indicate any repairs to the mechanical system (but not longer than the past 5 years):

H)PRESENCE OF HAZARDOUS MATERIALS: Do you know of the previous or current presence of any of the below identified hazardous materials on the property?

1)

Lead-Based Paint

 

 

 

 

 

Yes

 

No

Unknown

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2)

Asbestos

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3)

Urea-Formaldehyde Foam Insulation

 

 

 

 

 

 

 

 

 

 

 

 

 

4)

Radon Gas

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

a. If “Yes”, indicate level of gas if known

 

 

 

 

 

 

 

 

 

 

 

 

 

5)

Other toxic or hazardous substances

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If the answer to any of the above questions is “Yes”, please describe and

 

 

indicate any repairs, remediation or mitigation to the

property:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Owner’s Initials

Date

 

 

 

Purchaser’s Initials

 

Date

Owner’s Initials

 

Date

 

 

 

 

 

 

(Page 3 of 5)

Purchaser’s Initials

 

Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Property Address_

I)UNDERGROUND STORAGE TANKS/WELLS: Do you know of any underground storage tanks (existing or removed), oil or

natural gas wells (plugged or unplugged), or abandoned water wells on the property?

 

Yes

No

If “Yes”, please describe:

 

 

 

 

Do you know of any oil, gas, or other mineral right leases on the property? Yes No

Purchaser should exercise whatever due diligence purchaser deems necessary with respect to oil, gas, and other mineral rights. Information may be obtained from records contained within the recorder’s office in the county where the property is located.

J) FLOOD PLAIN/LAKE ERIE COASTAL EROSION AREA:

Yes

No

Unknown

Is the property located in a designated flood plain?

 

 

 

 

 

 

 

Is the property or any portion of the property included in a Lake Erie Coastal Erosion Area?

 

 

 

 

 

 

 

K)DRAINAGE/EROSION: Do you know of any previous or current flooding, drainage, settling or grading or erosion problems

affecting the property? Yes No

If “Yes”, please describe and indicate any repairs, modifications or alterations to the property or other attempts to control any problems (but not longer than the past 5 years):_

L)ZONING/CODE VIOLATIONS/ASSESSMENTS/HOMEOWNERS’ ASSOCIATION: Do you know of any violations of

building or housing codes, zoning ordinances affecting the property or any nonconforming uses of the property?

 

Yes

 

No

If “Yes”, please describe:

 

 

 

 

 

Is the structure on the property designated by any governmental authority as a historic building or as being located in an historic

district? (NOTE: such designation may limit changes or improvements that may be made to the property). Yes No If “Yes”, please describe:

Do you know of any recent or proposed assessments, fees or abatements, which could affect the property?

Yes

 

No

 

 

 

 

If “Yes”, please describe:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

_

List any assessments paid in full (date/amount)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

List any current assessments:

 

monthly fee

 

 

Length of payment (years

 

 

months

 

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Do you know of any recent or proposed rules or regulations of, or the payment of any fees or charges associated with this property,

including but not limited to a Community Association, SID, CID, LID, etc. Yes No If “Yes”, please describe (amount)

M) BOUNDARY LINES/ENCROACHMENTS/SHARED DRIVEWAY/PARTY WALLS: Do you know of any of the

 

following conditions affecting the property? Yes

No

 

Yes

No

1)

 

 

 

 

 

 

 

 

 

 

 

 

 

Boundary Agreement

 

 

 

 

4)

Shared Driveway

 

 

 

 

 

2)

Boundary Dispute

 

 

 

 

 

5)

Party Walls

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3)

Recent Boundary Change

 

 

 

 

 

6)

Encroachments From or on Adjacent Property

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If the answer to any of the above questions is “Yes”, please describe:

N)OTHER KNOWN MATERIAL DEFECTS: The following are other known material defects in or on the property:

For purposes of this section, material defects would include any non-observable physical condition existing on the property that could be dangerous to anyone occupying the property or any non-observable physical condition that could inhibit a person’s use of the property.

Owner’s Initials

 

Date

 

 

 

Purchaser’s Initials

 

 

Date

Owner’s Initials

 

Date

 

 

 

Purchaser’s Initials

 

 

Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Page 4 of 5)

 

 

 

Property Address

CERTIFICATION OF OWNER

Owner certifies that the statements contained in this form are made in good faith and based on his/her actual knowledge as of the date signed by the Owner. Owner is advised that the information contained in this disclosure form does not limit the obligation of the owner to disclose an item of information that is required by any other statute or law or that may exist to preclude fraud, either by misrepresentation, concealment or nondisclosure in a transaction involving the transfer of residential real estate.

OWNER:

 

DATE:

OWNER:

 

DATE:

RECEIPT AND ACKNOWLEDGEMENT OF POTENTIAL PURCHASERS

Potential purchasers are advised that the owner has no obligation to update this form but may do so according to Revised Code Section 5302.30(G). Pursuant to Ohio Revised Code Section 5302.30(K), if this form is not provided to you prior to the time you enter into a purchase contract for the property, you may rescind the purchase contract by delivering a signed and dated document of rescission to Owner or Owner’s agent, provided the document of rescission is delivered prior to all three of the following dates: 1) the date of closing; 2) 30 days after the Owner accepted your offer; and 3) within 3 business days following your receipt or your agent’s receipt of this form or an amendment of this form.

Owner makes no representations with respect to any offsite conditions. Purchaser should exercise whatever due diligence purchaser deems necessary with respect to offsite issues that may affect purchaser’s decision to purchase the property.

Purchaser should exercise whatever due diligence purchaser deems necessary with respect to Ohio’s Sex Offender Registration and Notification Law (commonly referred to as “Megan’s Law”). This law requires the local Sheriff to provide written notice to neighbors if a sex offender resides or intends to reside in the area. The notice provided by the Sheriff i s a public record and is open to inspection under Ohio’s Public Records Law. If concerned about this issue, purchaser assumes responsibility to obtain information from the Sheriff’s office regarding the notices they have provided pursuant to Megan’s Law.

Purchaser should exercise whatever due diligence purchaser deems necessary with respect to abandoned underground mines. If concerned about this issue, purchaser assumes responsibility to obtain information from the Ohio Department of Natural

Resources. The Department maintains an online map of known abandoned underground mines on their website at www.dnr.state.oh.us.

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE FORM AND UNDERSTAND THAT THE STATEMENTS ARE MADE BASED ON THE OWNERS ACTUAL KNOWLEDGE AS OF THE DATE SIGNED BY THE OWNER.

My/Our Signature below does not constitute approval of any disclosed condition as represented herein by the owner.

PURCHASER:

 

DATE:

 

 

PURCHASER:

 

DATE:

 

 

 

 

 

 

(Page 5 of 5)
⇩ Ohio Disclosure PDF

Document Properties

Fact Number Fact Name Description Governing Law
1 Purpose and Limitation of Form This form serves as a statement of the property's conditions known by the owner and is not a warranty of any kind. It encourages buyers to seek their own inspections. Ohio Revised Code Section 5302.30
2 Owner's Responsibility Owners must answer all questions truthfully based on their actual knowledge, including known conditions affecting the property, and complete the form themselves. Ohio Revised Code Section 5302.30
3 Non-Liability for Agents Statements made in the form are solely the owner's and do not represent the owner's agents or subagents' statements. Ohio Revised Code Section 5302.30
4 Right of Rescission Purchasers may rescind the purchase contract under certain conditions if this form is not provided in a timely manner. Ohio Revised Code Section 5302.30(K)
5 Special Concerns and Hazards The form includes sections to disclose information about water supply, sewage systems, structural components, hazardous materials, and other significant factors that might affect the property's value or safety. Ohio Revised Code Section 5302.30

Detailed Instructions for Using Ohio Disclosure

Ready to complete your Ohio Disclosure Form? This form is an essential step for owners in the process of selling residential property in Ohio. Critical for ensuring transparency regarding the condition and history of a property, it requires accurate and complete information to fulfill legal obligations and provide potential buyers with the necessary insights. Adhering closely to the requirements will facilitate a smoother transaction and help in establishing trust between all parties involved.

  1. Review the entire form to understand the types of information you will need to provide.
  2. Start by entering the property address and your name(s) as the owner(s) at the top of the form, followed by the date.
  3. Indicate whether you are currently living on the property and, if so, since what date. If not, provide the date you moved out.
  4. For each section from A to N, check the appropriate box or boxes that best describe the current conditions or history related to water supply, sewer systems, roof, water intrusion, structural components, pests, mechanical systems, hazardous materials, underground storage, flood plains, drainage, zoning, boundaries, and any other material defects. Provide detailed descriptions when you select "Yes" to any issues.
  5. For each assertion about your property, where applicable, mention any repairs or inspections done in the past five years, including dates and outcomes.
  6. If an item does not apply to your property or you are uncertain about the condition, mark "N/A" for not applicable or "Unknown" as appropriate.
  7. Attach additional pages if you require more space to describe the property's conditions. Ensure these pages are signed and dated.
  8. Review the Certification of Owner section to confirm your understanding and agreement. Sign and date the certification to verify the accuracy and completeness of your disclosures.
  9. After completion, provide the form to potential purchasers before they enter into a purchase contract. Remember, this form is part of the legal documentation required by the State of Ohio and plays a critical role in the property transfer process.

Upon receiving the form, purchasers are advised to review it carefully to understand the property's conditions and history. While this form provides valuable information, potential purchasers are encouraged to conduct their own inspections and research to ensure the property meets their expectations and requirements. This proactive approach can help in making informed decisions and facilitating a successful real estate transaction.

What You Should Know About Ohio Disclosure

What is the purpose of the Ohio Residential Property Disclosure Form?

The Ohio Residential Property Disclosure Form is designed to inform potential buyers about the known conditions and information concerning a property, based on the actual knowledge of the seller. This form is not a warranty of any kind but a disclosure of the seller's knowledge about the property at the time of sale. It does not replace the need for the buyer to conduct their own inspections, as the buyer is encouraged to engage professional inspection services. This form is a requirement under Ohio Revised Code Section 5302.30.

Who completes the Ohio Residential Property Disclosure Form?

The owner of the property is responsible for completing the Residential Property Disclosure Form. Detailed instructions are provided to the owner, including answering all questions, reporting known conditions affecting the property, and attaching additional pages if more space is needed. Importantly, the form should be completed by the owner directly, and it’s imperative to note areas that are not applicable (NA) or unknown if the owner does not have direct knowledge of a particular item.

What happens if the Ohio Residential Property Disclosure Form is not provided before the purchase contract is signed?

If the Residential Property Disclosure Form is not provided to the potential purchaser prior to the signing of the purchase contract, Ohio Revised Code Section 5302.30(K) allows the purchaser to rescind the contract. A document of rescission must be delivered to the owner or the owner’s agent before the closing date, within 30 days after the owner accepted the offer, and within 3 business days following the purchaser’s receipt of the form or its amendment. This provision ensures buyers have the right to be fully informed about the property's condition before finalizing the purchase.

Are there exceptions to the requirement for providing the Ohio Residential Property Disclosure Form?

Yes, there are exceptions to the requirement of providing a Residential Property Disclosure Form. While most residential property transactions require this disclosure, there are specific situations and types of property transfers where the disclosure may not be necessary. These exceptions include transfers between co-owners, transfers to a spouse or a direct family member, transfers associated with divorce or death, and transfers to or from governmental entities. Additionally, new homes that have not been previously occupied may also be exempt. It’s important for both buyers and sellers to be aware of these exceptions and consult legal advice to understand the specific requirements and whether they apply to their transaction.

Common mistakes

When filling out the Ohio Disclosure Form, some common mistakes can lead to issues down the line. Paying attention to these areas helps ensure a smoother process for both the seller and the buyer.

  1. Not answering all questions: Each question must be answered, even if the answer is "NA" (not applicable) or "Unknown". Skipping questions can lead to misunderstandings or the impression that the seller is withholding information.

  2. Incorrectly reporting the property's water supply and sewage system details: The form asks for specifics about the water supply and sewage system. It's important to check the appropriate boxes accurately and provide details on any known issues.

  3. Forgetting to mention past and current roof issues: Roof conditions, such as leaks or repairs done within the last five years, need to be disclosed. Failure to mention these can lead to legal problems after the sale.

  4. Omitting information on hazardous materials: If there's knowledge of hazardous materials like lead-based paint, asbestos, or radon gas, these must be disclosed. Not doing so could put the seller at risk for future claims.

  5. Neglecting to disclose issues with the mechanical systems: Problems or repairs with systems such as electrical, plumbing, heating, and cooling that occurred in the last five years need to be listed. Overlooking this information can result in buyer distrust or a failed sale.

By avoiding these common mistakes, sellers can provide potential buyers with a complete and honest view of the property. This not only fosters trust but also helps in complying with legal obligations under Ohio law. Remember, the Ohio Disclosure Form is a critical document designed to protect both parties in the transaction by ensuring all known issues with the property are transparent.

Documents used along the form

When dealing with the purchase or sale of property in Ohio, the Ohio Disclosure Form serves as a crucial document that provides potential purchasers with important information about the condition of the property. However, this form is often accompanied by additional documents to ensure a thorough understanding and legal compliance throughout the property transaction process. Here, we discuss five such documents that are frequently used alongside the Ohio Disclosure Form.

  • Title Report: This document offers a comprehensive overview of the property's legal status, detailing any existing liens, encumbrances, or easements affecting the property. It ensures that the buyer is fully informed of any legal issues that might impact ownership or use of the property.
  • Home Inspection Report: Prepared by a professional home inspector, this report provides an in-depth analysis of the property’s physical condition. It covers various aspects, including the structural integrity, mechanical systems, and potential areas needing repair or maintenance, giving potential purchasers a clear understanding of what they are buying.
  • Sale and Purchase Agreement: This legal document outlines the terms and conditions agreed upon by the buyer and seller. It includes details such as the purchase price, closing date, and any contingencies that must be met before the transaction can be finalized.
  • Lead-Based Paint Disclosure: For homes built before 1978, this disclosure is required by federal law. It informs the buyer about the presence of lead-based paint in the property, which is a significant health risk, especially to young children and pregnant women.
  • Closing Statement: Also known as the HUD-1 Settlement Statement, this document provides a detailed financial breakdown of the transaction. It includes all the costs incurred by both the buyer and seller, ensuring transparency and agreement on the financial aspects of the deal.

Each of these documents plays a pivotal role in the real estate transaction, offering protection and clarity for both the buyer and seller. Together with the Ohio Disclosure Form, they contribute to a well-informed, legally compliant, and smooth property transfer process.

Similar forms

The Ohio Disclosure Form shares similarities with the Seller's Property Disclosure Statement used in various states. Both forms require the seller to disclose known conditions and issues with the property to potential buyers, ensuring transparency in the transaction. In both cases, the emphasis is on what the seller actually knows, without demanding that they undertake extensive investigations into the property's condition.

Another similar document is the Lead-Based Paint Disclosure. This form is required for the sale of properties built before 1978 in the United States, focusing on the presence of lead-based paint. Like the Ohio Disclosure Form, it provides critical health and safety information to buyers and requires acknowledgment from both parties, reinforcing the importance of known hazards in real estate transactions.

The Asbestos Disclosure Form, required in some jurisdictions for older properties, also mirrors the Ohio Disclosure Form's purpose. It ensures that buyers are informed about the presence of asbestos, a material used in construction that can pose health risks if disturbed. By disclosing such information, these forms protect the buyer's right to know about potential risks associated with property ownership.

The Home Inspection Report, though not filled out by the seller, serves a complementary role to the Ohio Disclosure Form. It provides a professional assessment of the property's condition, including areas not readily apparent to the seller. While the disclosure form relies on the seller's knowledge, the inspection report offers an objective examination, further informing the buyer's decision-making process.

The Mold Disclosure Form, similar to sections of the Ohio Disclosure Form, informs purchasers about the presence of mold within a property. Mold can significantly impact air quality and is a concern for many buyers. This disclosure ensures buyers are aware of existing mold issues, emphasizing the importance of environmental health in the purchasing decision.

The Radon Gas Disclosure, another document parallels, is crucial in real estate transactions. Radon is a naturally occurring radioactive gas that can pose serious health risks. Like the Ohio form, the Radon Gas Disclosure informs buyers about known radon levels within the property, highlighting the sellers' responsibility to disclose environmental hazards.

The Energy Efficiency Disclosure, while focusing on a different aspect of property information, bears resemblance to the informational transparency found in the Ohio Disclosure Form. It provides potential buyers with details about the energy efficiency of the property, which can affect utility costs and environmental impact. This form aligns with the broader goal of making informed decisions based on disclosed property conditions.

Finally, the Septic System Disclosure, often required in areas not served by municipal sewer systems, shares the objective of informing buyers about specific property features that affect usage and maintenance responsibilities. Like the Ohio form, it deals with systems that can significantly impact buyer satisfaction and property value, ensuring buyers are informed about the state of these critical systems.

Dos and Don'ts

When completing the Ohio Disclosure Form, ensuring accuracy and honesty is crucial. Here’s a guide to help you navigate the process smoothly:

  • Do answer all questions truthfully based on your current knowledge. If you're unsure about a specific detail, it's important to double-check rather than guess.
  • Don't guess or make assumptions about any of the questions. If you're not sure, it's better to indicate "Unknown" than to provide inaccurate information.
  • Do disclose any known issues with the property, including problems with the water supply, roof, structural components, or the presence of hazardous materials.
  • Don't withhold information about known defects or issues. Failing to disclose such details could lead to legal trouble down the line.
  • Do attach additional pages if you need more space to fully explain any answers. Make sure these pages are signed and dated to validate the information.
  • Don't leave sections blank if they're applicable to your property; write "N/A" if a question does not apply to ensure that all sections have been considered.
  • Do update the form if new information comes to light before the sale is finalized. Keeping the document current helps protect both the seller and the buyer.
  • Don't rely on this form as a substitute for a professional inspection. Inform potential buyers they are encouraged to obtain their own inspections for a comprehensive understanding of the property’s condition.

Following these guidelines will help ensure the process is transparent and straightforward for all parties involved.

Misconceptions

Understanding the Ohio Disclosure Form can sometimes be a challenge, especially when certain misconceptions cloud its purpose and requirements. Below, we set the record straight on a few common misunderstandings:

  • Misconception 1: The Ohio Disclosure Form is a formal warranty from the seller to the buyer.

    This document is not a guarantee of the property's condition but simply a statement of what the seller knows about the property's state at the time of sale.

  • Misconception 2: The disclosure form substitutes for a home inspection.

    Prospective buyers are encouraged to conduct their own inspections with professionals. The form is a tool to disclose what the seller knows, not an assessment of the property's overall condition.

  • Misconception 3: Only issues that have been professionally inspected need to be disclosed.

    Sellers must disclose all known issues, regardless of whether those issues have been formally inspected. This encompasses personal knowledge of any property defects.

  • Misconception 4: The form serves as a legal safeguard for sellers against future complaints.

    While the form provides a degree of transparency, it does not protect a seller from legal action if they fail to disclose known issues or inaccurately report the property's condition.

  • Misconception 5: All components of the property must be disclosed in detail.

    The seller is required to disclose known problems affecting the property. However, specific details like the brand of mechanical systems are not required unless they relate to a disclosed issue.

  • Misconception 6: Sellers can leave sections blank if they prefer not to disclose.

    Sellers must answer all questions. If a question is not applicable, they should mark it as "N/A". For unknown issues, "Unknown" is the appropriate response.

  • Misconception 7: Only current property owners are required to fill out the Ohio Disclosure Form.

    If a property owner is selling the property, they are required to complete this disclosure, regardless of whether they are the current occupants.

  • Misconception 8: Once completed, the Ohio Disclosure Form never needs to be updated.

    If new information or issues arise after the form has been filled out but before the sale is finalized, the seller is obligated to update the information provided.

Understanding and clarifying these misconceptions ensure both sellers and buyers are better prepared for the property transfer process, fostering transparency and trust in real estate transactions within Ohio.

Key takeaways

Understanding the Ohio Disclosure Form is crucial for anyone involved in selling or buying residential property in the state. Here are several key points that can help guide you through this process:

  • The purpose of the Ohio Disclosure Form is to provide potential purchasers with information about the condition of the property that is known by the seller. It's a statement that covers various aspects of the property, from water supply to structural components.
  • It is mandatory under Ohio Revised Code Section 5302.30 for sellers to complete this form. Filling it out carefully and truthfully is not just a legal requirement but also a step towards a transparent and fair transaction.
  • The Disclosure Form highlights that it is not a warranty of any kind. Both sellers and buyers should understand that it’s essentially a statement of condition rather than a guarantee of the property's condition.
  • Professional inspections are strongly encouraged. While the form provides valuable information, potential buyers are advised to hire their own inspectors to get a comprehensive understanding of the property's condition.
  • Owners are required to answer all questions to the best of their knowledge. If something is not applicable, write "NA" (not applicable), and if the owner does not have knowledge of a particular aspect, they should mark it as “Unknown”.
  • Details about water supply and sewage systems, roof and foundation conditions, presence of hazardous materials, and any legal encumbrances or code violations must be disclosed transparently. This includes specifics about repairs or issues within the last five years.
  • The form requires the owner's certification that all statements are made in good faith based on their actual knowledge at the time of signing. It emphasizes the significance of the information provided being accurate and truthful.
  • If the Disclosure Form is not provided to the buyer before entering into a purchase contract, the Ohio Revised Code grants the purchaser the right to rescarily withdraw from the agreement under certain conditions. This provision underlines the form's importance in the purchasing process.

Filling out the Ohio Disclosure Form with due diligence and attention to detail can significantly influence the buying and selling process, ensuring that all parties have a clear understanding of the property’s condition and any potential issues. It safeguards the interests of both buyers and sellers and helps in making informed decisions.

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Common PDF Documents

Ohio Pes 3011 - A separate Company Affidavit of Responsibility (PES 3012) for each designated professional is necessary along with the PES 3011.

2023 Ohio It 1040 - Ohio IT 4 form contains sections for personal information, claiming withholding exemptions, and a withholding waiver for those who qualify for exemption from Ohio tax withholdings.