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.
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.
Some of the most common real estate disclosures include: Structural or mechanical issues. Natural or environmental hazards. Any history or evidence of asbestos. Any history or evidence of lead-based paint in a structure. Property line disputes. Any other information regarding the property that may be relevant.
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.
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.
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 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.
However, there are four states which are certified by HUD: Arizona, California, Florida, and Minnesota. If you have effectively registered with those states, HUD will accept that state's disclosure document in lieu of the standard Federal registration.