The Ohio Disclosure Form is a document that provides essential information about the condition of a residential property, as known by the owner. This form is designed to inform potential buyers of any known issues, ensuring transparency in real estate transactions. If you're considering purchasing property in Ohio, it's crucial to fill out this form accurately—click the button below to get started.
When buying a home in Ohio, understanding the Ohio Disclosure Form is crucial for potential buyers. This form serves as a detailed statement about the property's condition, provided directly by the owner. It highlights various aspects of the property, including water supply, sewer systems, roof integrity, and any known issues such as leaks or structural problems. Owners are required to answer all questions honestly, reporting any known conditions that could affect the property’s value or livability. Importantly, this form is not a warranty; it does not guarantee the property's condition and is not a substitute for a professional inspection. Buyers are encouraged to conduct their own inspections to uncover any hidden issues. The form also addresses potential environmental hazards, such as the presence of lead-based paint or radon gas, and requires owners to disclose any history of wood-destroying insects or hazardous materials. Additionally, it informs buyers about boundary lines, zoning violations, and any assessments that might impact the property. Overall, the Ohio Disclosure Form is designed to promote transparency in real estate transactions, ensuring that buyers are well-informed before making a significant investment.
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)
Completing the Ohio Disclosure Form is an important step in the property transaction process. This form provides potential buyers with essential information about the property based on the owner's actual knowledge. It is crucial to fill out the form accurately and thoroughly, as it can influence the buyer's decision-making process. Below are the steps to guide you through filling out the Ohio Disclosure Form.
The Ohio Disclosure Form is designed to inform potential buyers about specific conditions and information regarding a residential property. This form is filled out by the property owner and outlines any known issues or characteristics of the property. It is important to note that the owner may not have lived in the property and is only required to disclose information they are aware of. This form is not a warranty and does not replace the need for a professional inspection.
Any owner of residential property in Ohio who intends to sell their property is required to complete this form. This includes both individuals who currently occupy the property and those who do not. The law mandates that this disclosure be made to potential buyers to ensure transparency in real estate transactions.
The form requires owners to disclose a variety of information, including:
Essentially, any known material defects or issues that could affect the property's value or safety must be reported.
Potential buyers should carefully review the information disclosed in the form. It is crucial to understand that this form does not replace the need for a professional inspection. Buyers are encouraged to conduct their own inspections to uncover any issues that may not have been disclosed or that the owner may not be aware of.
The owner is not obligated to update the disclosure form once it has been provided to potential buyers. However, they may choose to do so at their discretion. If any new issues arise after the form is submitted, the owner should inform potential buyers to maintain transparency.
If the disclosure form is not given to potential buyers prior to signing a purchase contract, they have the right to rescind the contract. This must be done by delivering a signed and dated document of rescission to the owner or their agent. There are specific time frames within which this must occur, including before the closing date and within 30 days of the owner's acceptance of the offer.
Yes, if an owner fails to disclose known material defects, they could face legal consequences. This could include being held liable for any damages that arise from undisclosed issues. The law encourages honesty and transparency to protect both buyers and sellers in real estate transactions.
Not answering all questions: It’s crucial to respond to every question on the form. Leaving any section blank can lead to misunderstandings and potential legal issues later.
Failing to report known issues: If there are known conditions affecting the property, they must be disclosed. Not doing so can result in serious consequences.
Using “Unknown” incorrectly: If you genuinely do not know about an issue, it's acceptable to mark it as “Unknown.” However, marking something “Unknown” when you have knowledge can be misleading.
Not providing additional pages when needed: If there isn’t enough space to describe a condition or issue, attaching additional pages is necessary. Omitting details can lead to confusion.
Not completing the form personally: The owner must fill out the form themselves. Relying on someone else can lead to inaccuracies and misunderstandings.
Ignoring the importance of signatures: Ensure that all required initials and signatures are present. Missing signatures can invalidate the form.
Overlooking the need for repairs: If repairs have been made in the past five years, they should be documented. This transparency helps potential buyers understand the property's condition.
Misunderstanding the purpose of the form: This form is not a warranty. It’s a disclosure of known issues, and potential buyers should still conduct their own inspections.
Not considering all areas of the property: Be thorough in assessing all areas, including basements, attics, and crawl spaces. Issues can often be hidden in these less visible areas.
Neglecting to update the form: If any changes occur after the form is filled out, it’s important to update the information. This ensures that potential buyers have the most accurate data available.
The Ohio Disclosure form serves as a vital document in real estate transactions, providing potential buyers with important information about a property. Along with this form, several other documents are commonly utilized to ensure transparency and protect the interests of both buyers and sellers. Below is a list of these documents, each accompanied by a brief description.
These documents work together to provide a clearer picture of the property, ensuring that buyers can make informed decisions. Understanding each of these forms is crucial for anyone involved in a real estate transaction in Ohio.
The Ohio Disclosure Form shares similarities with the Seller’s Disclosure Statement used in many states across the U.S. This document requires sellers to disclose known issues about the property, such as structural defects, water damage, or pest infestations. Like the Ohio form, it emphasizes that the information provided is based on the seller's actual knowledge and is not a substitute for professional inspections. Both documents aim to protect buyers by ensuring they are informed about potential issues before purchasing a property.
Another comparable document is the Property Condition Disclosure Statement, often utilized in real estate transactions. This statement asks sellers to provide information about the condition of various aspects of the property, including plumbing, electrical systems, and roofing. Similar to the Ohio Disclosure Form, it encourages sellers to be transparent about any known defects. Both documents serve to inform potential buyers and help them make educated decisions regarding their investments.
The Home Inspection Report is also similar to the Ohio Disclosure Form, although it is typically completed by a professional inspector rather than the property owner. This report details the condition of the home, identifying any issues that may need attention. While the Ohio form relies on the owner's knowledge, the inspection report provides an independent evaluation. Both documents aim to inform buyers about the property's condition, but they come from different perspectives.
The Real Estate Purchase Agreement often includes a section for disclosures, making it another related document. This agreement outlines the terms of the sale and may reference the Ohio Disclosure Form or similar disclosures. It highlights the importance of transparency in real estate transactions. Both documents work together to ensure that buyers are aware of any issues before finalizing the sale.
The Lead-Based Paint Disclosure is another important document, especially for homes built before 1978. This disclosure informs buyers about the potential presence of lead-based paint, which can pose health risks. Like the Ohio Disclosure Form, it requires sellers to disclose known information. Both forms aim to protect buyers by ensuring they are aware of potential hazards associated with the property.
Lastly, the Environmental Disclosure Statement is similar in its purpose of informing buyers about environmental concerns related to the property. This document may cover issues such as hazardous materials, flood zones, or nearby industrial sites. It shares the same goal as the Ohio Disclosure Form: to provide potential buyers with critical information that could affect their decision to purchase the property.
When filling out the Ohio Disclosure form, it’s crucial to be thorough and honest. Here’s a guide on what you should and shouldn’t do:
By following these guidelines, you help ensure a smoother process for both yourself and potential buyers. Transparency is key in real estate transactions.
Misconceptions about the Ohio Disclosure Form can lead to misunderstandings during real estate transactions. Below are nine common misconceptions and clarifications regarding the form.
Understanding these misconceptions is crucial for both sellers and buyers to ensure a smooth real estate transaction in Ohio.
Understanding the Ohio Disclosure Form is crucial for both property owners and potential buyers. Here are key takeaways to consider:
Being informed about these aspects can help both buyers and sellers navigate the property transaction process with greater confidence.