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.
Almost every U.S. state has passed laws mandating that sellers give buyers specific information about what structural and other features the house contains, and their condition. In some cases, the brokers must speak up about hidden conditions, too.
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.
Section 5302.30 | Property disclosure form required for all residential real property transfers.
In most states, by law, you have to disclose any issues with the property. By not disclosing, you open yourself up to lawsuit.
Purpose of Disclosure Form: This is a statement of certain conditions and information concerning the property actually known by the owner.
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 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.
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.