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Here's the legal definition: A defect is "a condition that materially affects the value or use of residential property in an adverse manner." Usually, state disclosure laws require sellers to "disclose all material defects" in a property.A seller's agent shall not complete a disclosure form regarding the residential property on behalf of the seller. 130 does not require a seller to disclose a defect in residential property of which the seller is not aware. 2. The Bullet Point: Pursuant to R.C. 5302. When it comes to latent defects, the buyer must prove that the seller knew about the defect. The buyer is responsible for making efforts to obtain all information about obvious defects or problems with the property. Any real estate buyer, in Ohio or elsewhere, knows that homes might not be perfect. The seller must provide this information even if selling the property "as is. The buyer is responsible for making efforts to obtain all information about obvious defects or problems with the property.
