What must a home seller disclose in Ohio?

Ohio combines a statutory disclosure form with a traditional caveat emptor background rule.

1. Residential Property Disclosure Form — R.C. § 5302.30

Required for sales of residential property containing 1-4 dwelling units.

Form covers: water/moisture, sewer system, roof, structural components, mechanical systems, boundary/encroachments, hazardous conditions (lead, asbestos, mold, USTs, methamphetamine production), and any other known material defect.

Must be delivered before the seller accepts a written offer.

2. Buyer Rescission

If the form is not provided in time, the buyer may rescind within 3 business days after receiving it, but not after closing or possession.

3. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

4. Exemptions — § 5302.30(B)(2)

Court order, foreclosure, transfers to spouses or co-owners, transfers by/to a trustee in bankruptcy, new construction never occupied, and transfers from estates.

5. Caveat Emptor Background

Outside the statute, Ohio applies Layman v. Binns (1988), 35 Ohio St. 3d 176: caveat emptor bars buyer claims unless (1) the defect was latent, (2) the seller had actual knowledge, and (3) the seller fraudulently concealed it.

6. "As-Is" Sales

An "as-is" clause bars passive nondisclosure claims but does not bar fraud (Kossutich v. Krann, 8th Dist. 2009).

7. Statute of Limitations

4 years for fraud (R.C. § 2305.09(C)).

8 years for written contract (R.C. § 2305.06).

This is legal information, not legal advice.