Property Disclosure Requirements in Ohio

If you’re selling your home in Ohio, it’s likely that you will need to fill out a Residential Property Disclosure Form (RPDF), in which you must disclose any known defects that impact the home’s material condition or could influence its value or the buyer’s decision. Here are a few examples of common disclosure items:

Water & Sewer Systems

Source of water and sewer and whether you’ve experienced any issues with these systems (leaks, backups, insufficient quantity, etc)

Structural Issues

Any problems with the roof, foundation, walls, floors, or past/current water damage

Mechanical Systems

Known issues with electrical, plumbing, heating, air conditioning, appliances, sump pump, etc

Hazardous Materials

Presence of asbestos, radon, lead paint, underground tanks or other toxic/hazardous substances

Pests/Insects

Wood-destroying pest activity such as termites, carpenter bees, or powderpost beetles, which can cause structural damage to the property if left untreated

Boundary Disputes

Disagreement over property lines, known encroachments, or shared property (shared driveway, party walls, etc)

Zoning Violations

Any known violations of zoning laws or building codes, as well as whether the property is located in a historic district

HOA Fees

Any pending fees or assessments from a homeowners or condo association, including proposed increases to existing fees

Flooding or Drainage

Any known issues with flooding, erosion, or drainage, especially in flood-prone areas

Stigmatized Properties

A common question that we see come up is whether or not a seller should disclose a murder or suicide that occurred at the property. While this does not typically result in a physical defect to the property itself, knowledge of such events could influence some buyers’ decisions, making it a material issue to them. As a result, it’s recommended by Ohio Realtors to disclose these occurrences when known to avoid the potential for liability.

It’s important to note that Ohio law only requires sellers to disclose issues of which they’re aware. It is not your responsibility as a seller to have an inspection done to reveal any additional defects that were previously unknown. There are also some cases where you would not be required to complete the RPDF, such as if you’re selling a property to settle an estate.

The goal of this document is for sellers to be transparent and honest about any issues they’ve experienced while living in the property. In my experience, buyers tend to feel more reassured when sellers provide detailed information on this form, as it shows they are knowledgeable about the property and genuinely want to share important details with the next owner.

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