Williams v. D&J House Doctors, L.L.C.

Citations

• 2025 Ohio 4716

Syllabus

Summary Judgment; \As Is\ Clause; Fraud; Bad Faith Claim. An \as is\ clause in a purchase agreement for fraud will not bar a claim of positive fraud against the seller of the property. Unlike a claim for negligence, a buyer must prove that the seller had some knowledge of the defect in question where an \as is\ clause is contained in the purchase agreement. R.C. 5302.30 directs sellers to complete a residential property disclosure form. However, this document is not a warranty. Thus, the purchaser has a duty to inspect the premises and is charged with knowledge of the conditions that a reasonable inspection would uncover.