The Ohio Disclosure Form is a mandated document designed to provide potential homebuyers with important information about the condition and history of a residential property. It outlines the owner's actual knowledge regarding various aspects of the property, from structural conditions to the presence of hazardous materials, ensuring transparency in the real estate transaction process. Compiled in accordance with Ohio Revised Code Section 5302.30, the form emphasizes that it should not be seen as a warranty but rather as a tool for buyers to make informed decisions, encouraging them to seek their own professional inspections.
The State of Ohio takes the transparency of residential property transactions seriously, as evidenced by the comprehensive Residential Property Disclosure Form mandated by the Ohio Revised Code Section 5302.30. This requirement underscores the importance of providing potential buyers with known conditions and information that could impact their purchase decision. The form serves as a crucial communication tool between sellers and buyers, ensuring that sellers disclose their actual knowledge about the property’s condition, including but not limited to water supply, sewer system issues, roof condition, and any known use of hazardous materials. Sellers are required to complete the form to the best of their knowledge, indicating if they are aware of problems such as structural defects, presence of wood-destroying insects, or mechanical system failures. The form also inquires about environmental concerns like radon gas presence, underground storage tanks, and whether the property is located in a flood plain or has been subject to zoning or code violations. This disclosure isn’t just about stating issues; it includes advising potential buyers to conduct their inspections, reinforcing the principle that while the document provides valuable insights, it does not replace the thorough evaluation a professional inspector can offer. The form meticulously guides owners through each question, ensuring a detailed account of the property’s state is recorded. Moreover, it highlights the continuous responsibility of the seller to disclose any information required by law that may affect the property's transfer, ensuring both transparency and accountability throughout the real estate transaction process.
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
(Page 1 of 5)
STATE OF OHIO DEPARTMENT
OF COMMERCE
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)
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?
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?
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?
If “Yes”, please describe and indicate any repairs completed:
(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
Have you ever had the property inspected for mold by a qualified inspector?
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?
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?
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):
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
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?
Lead-Based Paint
Asbestos
Urea-Formaldehyde Foam Insulation
Radon Gas
a. If “Yes”, indicate level of gas if known
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:
(Page 3 of 5)
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?
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:
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?
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?
_
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
Boundary Agreement
Shared Driveway
Boundary Dispute
Party Walls
Recent Boundary Change
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.
(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:
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:
(Page 5 of 5)
When it comes time to sell a home in Ohio, the law requires sellers to complete a Residential Property Disclosure Form. This document gives potential buyers important information about the home's condition, based on what the seller actually knows. It covers everything from the water supply and sewer system to the presence of hazardous materials and more. While the form doesn't replace a professional inspection, it plays a crucial role in the process by highlighting issues the buyer should be aware of. Here's how to fill it out:
Once the form is completed and signed, it should be given to the potential buyer before a purchase agreement is signed. This form is a key part of the home-selling process, providing transparency and helping to build trust between the seller and buyer. Remember, the form does not serve as a warranty and does not replace professional inspections, but it does offer valuable insights into the property's condition.
What is the purpose of the Ohio Disclosure Form?
The Ohio Disclosure Form is designed to inform potential purchasers about known conditions and information concerning a residential property, based on the actual knowledge of the owner. Its intent is to provide transparency and encourage potential purchasers to conduct their own inspections for a more detailed assessment. This form is required under Ohio Revised Code Section 5302.30 and is not a warranty or a substitute for professional inspections.
Who needs to complete the Ohio Disclosure Form?
This form must be completed by the property owner who is considering selling their residential property. It's important for the owner to provide accurate information based on their actual knowledge to potential purchasers. The disclosure requirements are intended for transfers made by the owner and do not apply to subsequent transfers by future owners.
What kinds of conditions does the Ohio Disclosure Form cover?
The form covers a wide range of property aspects, including water supply issues, sewer system condition, roof integrity, water intrusion, structural components, any presence of wood destroying insects, the condition of mechanical systems, hazardous materials, underground storage, zoning or code violations, and much more. The aim is to disclose any known defects or problems with the property that could affect its value or usage.
What should I do if an item on the disclosure form does not apply to my property?
If certain questions on the form do not apply to your property, you should mark those sections with "NA" for not applicable. If you are unaware of the condition or cannot accurately answer a question about a specific feature of the property, it is appropriate to indicate "Unknown."
Are there any conditions that do not need to be disclosed?
The owner is obliged to disclose all known material defects of the property. Material defects are conditions that could have a significant impact on the property’s value or pose a risk to the occupants. However, the disclosure requirements focus on the owner's actual knowledge, meaning unintentional omissions for conditions the owner genuinely does not know about are not expected to be disclosed. Local laws may have specific requirements about what must be disclosed, so reviewing those is important.
Can the Ohio Disclosure Form be amended after it has been initially completed?
Yes, the owner may update this form as needed. If new information about the condition of the property comes to light after the initial form has been filled out, it’s the owner's responsibility to provide an updated disclosure to the potential purchaser.
What happens if the Ohio Disclosure Form is not provided to the buyer before signing a purchase contract?
According to Ohio Revised Code Section 5302.30(K), if the form is not provided to a purchaser before they enter into a purchase contract, the purchaser has the right to rescind the agreement. The rescission must be executed by delivering a signed and dated document to the owner or the owner's agent before the closing date, within 30 days after the owner accepted the offer, or within 3 business days after receiving the form or its amendment, whichever is later.
Does completing the Ohio Disclosure Form guarantee the condition of the property?
No, the form does not serve as a guarantee or warranty of the property's condition. It is based on the owner's current, actual knowledge and does not substitute professional inspections. Potential purchasers are encouraged to conduct their own inspections to get a comprehensive understanding of the property’s condition.
Is the owner liable for conditions not known at the time of disclosure?
The owner is only responsible for disclosing known issues. If a condition is genuinely unknown to the owner at the time of disclosure and later discovered by the buyer, the owner is not typically held liable for these undisclosed issues. However, the owner cannot intentionally withhold known defects, as this could lead to legal consequences.
How does the Ohio Disclosure Form address concerns about sex offenders in the neighborhood (Megan's Law)?
The form advises purchasers to conduct due diligence regarding the presence of sex offenders in the area as part of Ohio's compliance with Megan's Law. While the form does not contain specific details about sex offenders, it suggests that buyers can obtain this information from the local sheriff's office. The law requires the sheriff to notify neighbors if a sex offender resides or intends to reside in an area, but it is the purchaser's responsibility to investigate this matter further if concerned.
When engaging in real estate transactions in Ohio, particularly those involving residential properties, a plethora of documents and forms accompany the Ohio Disclosure Form to ensure clarity, legality, and protection for all parties involved. These documents each serve a distinct purpose in the real estate transaction process, facilitating a transparent and informed transfer of property.
These documents complement the Ohio Disclosure Form by covering various aspects of the property sale, from the financials and legalities to the physical condition of the property. By providing a comprehensive understanding of the property and transaction, these forms help safeguard the interests of both buyers and sellers in Ohio's real estate market.
The Seller's Property Disclosure Statement, found in many states across the U.S., resembles the Ohio Disclosure Form quite closely. It seeks to inform the buyer about the known condition of the residential property through the seller's actual knowledge, covering topics like water supply, sewer system, and the presence of hazardous materials. Both forms serve to increase transparency during the home buying process and help protect the buyer from unforeseen issues, while also limiting the seller’s liability by disclosing known defects upfront.
The Lead-Based Paint Disclosure is another document similar to the Ohio Disclosure Form, particularly in sections where hazardous materials are discussed. Required for the sale of most properties built before 1978, this federal disclosure specifically addresses the presence of lead-based paint on a property. While the Ohio form covers a broader range of topics, both documents share the goal of informing and protecting buyers and sellers by disclosing specific known hazards.
Home Inspection Reports are generated by professional inspectors and offer a detailed analysis of a property’s condition, including areas not easily seen or accessible to the owner. Although these reports are more comprehensive and technical compared to the owner-completed Ohio Disclosure Form, both provide valuable insights into the property’s state, with the shared aim of informing the buyer about potential issues that could affect their purchase decision or necessitate future repairs.
The As-Is Sale Addendum can accompany a real estate purchase contract, indicating that the buyer agrees to purchase the property in its current condition without expecting any repairs to be made. This addendum shares a fundamental concept with the Ohio Disclosure Form: transparency about the condition of the property. However, the Ohio form emphasizes disclosure of known issues by the seller, whereas an as-is addendum adjusts the buyer's expectations regarding the condition of the purchase.
Radon Disclosure Forms, mandatory in some states, specifically address the presence of radon gas in a property, which can pose significant health risks. Similar to the hazardous materials section in the Ohio Disclosure Form, radon disclosures aim to inform the buyer about a specific known risk, underscoring the importance of transparency in residential real estate transactions involving health hazards.
The Mold Disclosure Statement, required in some areas, alerts buyers to the presence of mold within a property. Like the Ohio Disclosure Form, which advises purchasers about the potential for mold and encourages inspections, mold disclosures focus on the health and safety aspects of the home environment, guiding buyers in their due diligence.
Environmental Hazard Disclosures detail the presence of various environmental risks, such as proximity to flood zones, contaminated soils, or earthquake fault lines. While less specific to Ohio, these forms share the Ohio Disclosure Form's objective of alerting buyers to conditions that could affect their enjoyment, use, or future development of the property, as well as the potential for associated financial liabilities.
The Septic System Disclosure, required in transactions involving properties with a septic system, narrows its focus to the condition, maintenance, and functionality of the system. This form complements the portion of the Ohio Disclosure Form concerning sewer systems, with both aiming to prevent future disputes by providing clear, upfront information on these critical property features.
When it comes to filling out the Ohio Disclosure Form, there are certain best practices you should follow to ensure that the process is smooth and accurate. Whether you're a first-time seller or have been through the process before, keeping these dos and don'ts in mind can help you avoid common pitfalls and fulfill your legal obligations with confidence.
Do:
Don't:
By keeping these guidelines in mind, you can help ensure a smoother, more transparent transaction process. Remember, the Ohio Disclosure Form is designed to protect both the seller and the buyer, and adherence to these practices serves as a foundation for an honest and fair property transfer.
Navigating the intricacies of the Ohio Disclosure Form can sometimes feel like solving a complex puzzle. Especially for first-time homebuyers or sellers, misconceptions can muddy the waters further, leading to confusion and missteps in the property transaction process. Let's clear up some of these misunderstandings.
One might think the Ohio Disclosure Form is just another form to sign among the mountain of paperwork that comes with selling a home. However, this form is crucial. It serves as the seller's opportunity to disclose any known issues with the property, from structural defects to pest infestations. This isn't mere formality; it's a legal requirement that protects both seller and buyer from future disputes.
A common misbelief is that the disclosure form acts as a warranty, guaranteeing the condition of the property. The truth is the form is not a warranty of any kind. It simply records what the seller knows about the property's state at the time of sale. Buyers are encouraged to conduct their own inspections to get a comprehensive understanding of the property's condition.
While transparency is key, the Ohio Disclosure Form requires sellers to report only those repairs and issues that have occurred within a certain timeframe, typically within the past five years. This timeframe helps focus on the property's current condition and relevant history, rather than overwhelming buyers with information that might no longer be relevant.
Some sellers might think that if an issue isn't specifically mentioned on the form, they're not obligated to disclose it. This is a dangerous assumption. The form is designed to cover a broad range of common concerns, but it cannot foresee every possible issue with a property. Sellers are required by law to disclose any known defects that could significantly affect the property's value or safety, irrespective of whether the form has a specific check box for that issue.
In essence, the Ohio Disclosure Form plays a pivotal role in the home selling and buying process, providing a foundation of honesty and transparency. Misunderstandings can lead to complications, but a clear grasp of the form's purpose and requirements smooths the path for both parties involved. Whether you're on the buying or selling side, always approach this document with the seriousness and attention it deserves.
The Ohio Residential Property Disclosure Form serves as a crucial document, outlining the condition of a property as known by the seller. Here are key takeaways for properly filling out and using this form:
Potential purchasers are granted the right to rescind their purchase contract under specific conditions if the disclosure form is not provided timely as per legal requirements, highlighting the document's importance in the property transaction process. Additionally, the form advises buyers to carry out due diligence on various aspects such as sex offenders in the area or abandoned underground mines to make a fully informed purchase decision.
Tiffin City Tax - Explains the consequences of underpayment or overpayment of taxes, including how to rectify such situations.
Durable Power of Attorney Ohio - The introduction makes it clear that while it offers significant powers, it does not cover healthcare decisions.