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The Ohio Disclosure Form is a crucial document that provides potential buyers with essential information about a residential property, based on the owner's actual knowledge. This form outlines various conditions and issues that may affect the property, ensuring that buyers are well-informed before making a purchase. It's important for potential purchasers to fill out this form carefully, as it is not a substitute for a professional inspection.

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Article Guide

The Ohio Disclosure Form is an essential document for anyone involved in the sale or purchase of residential property in Ohio. This form serves to inform potential buyers about specific conditions and facts regarding the property, as known by the current owner. It is crucial to note that the owner may not have lived in the property and may possess limited information. The form emphasizes that potential purchasers should conduct their own inspections, as it does not serve as a warranty of any kind. The owner is required to answer all questions truthfully, detailing known issues related to various aspects of the property, including water supply, sewer systems, roof conditions, and structural components. Additionally, it addresses the presence of hazardous materials and any zoning or code violations that may exist. The form also outlines the owner's obligation to disclose information as mandated by law, ensuring transparency in the transaction. It is important for potential buyers to understand that this document is not a substitute for a professional inspection, and they are encouraged to seek one to uncover any hidden issues. Ultimately, the Ohio Disclosure Form aims to protect both buyers and sellers by promoting informed decision-making in real estate transactions.

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	Date
Owner’s Initials	Date	Purchaser’s Initials	Date
		(Page 1 of 5)

2013

STATE OF OHIO DEPARTMENT

OF COMMERCE

RESIDENTIAL PROPERTY DISCLOSURE FORM

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

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?

Yes		No		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?	Yes	No
If “Yes”, please describe and indicate any repairs completed (but not longer than the past 5 years):

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?			Yes	No
If “Yes”, please describe and indicate any repairs completed:

Owner’s Initials	Date	Purchaser’s Initials			Date
Owner’s Initials	Date	Purchaser’s Initials			Date

(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

If “Yes”, please describe and indicate any repairs completed:

Have you ever had the property inspected for mold by a qualified inspector?	Yes	No
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?


Yes		No	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?	Yes
If “Yes”, please describe and indicate any repairs completed:

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

N/A

YES

N/A

Electrical

Water softener

Plumbing (pipes)

a. Is water softener leased?

Central heating

Security System

Central Air conditioning

a. Is security system leased?

Sump pump

10)

Central vacuum

Fireplace/chimney

11)

Built in appliances

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

Yes

Unknown

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:

Owner’s Initials

Date

Purchaser’s Initials

Date

Owner’s Initials

Date

(Page 3 of 5)

Purchaser’s Initials

Date

Property Address_

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?			Yes	No
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:	Yes	No	Unknown
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?			Yes		No
If “Yes”, please describe:

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?

Yes

If “Yes”, please describe:

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		No		Yes	No
1)
1)	Boundary Agreement		4)	Shared Driveway
2)	Boundary Dispute		5)	Party Walls
2)	Boundary Dispute		5)	Party Walls
3)	Recent Boundary Change		6)	Encroachments From or on Adjacent Property
3)	Recent Boundary Change		6)	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.

Owner’s Initials	Date	Purchaser’s Initials	Date
Owner’s Initials	Date	Purchaser’s Initials	Date



		(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:
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:		DATE:
PURCHASER:		DATE:

	(Page 5 of 5)

➤ PDF File

Fact Name	Description
Purpose	The form serves to inform potential purchasers about known conditions affecting the property.
Governing Law	This form is required by Ohio Revised Code Section 5302.30.
Owner's Knowledge	Statements are based on the owner's actual knowledge and not on the agent's knowledge.
Inspection Encouragement	Potential purchasers are encouraged to obtain their own professional inspections.
Disclosure Limitations	The form does not limit the owner's obligation to disclose information required by other laws.
Form Not a Warranty	This form does not serve as a warranty by the owner or any agent.
Rescission Rights	Purchasers may rescind the purchase contract if the form is not provided before entering into the contract.

Filling out the Ohio Disclosure form requires careful attention to detail. This form is essential for potential purchasers to understand the condition of the property based on the owner's actual knowledge. It is important to provide accurate information, as it can impact the sale process.

Start by entering the Property Address at the top of the form.
List the Owner’s Name(s) and the date you are filling out the form.
Indicate whether the owner is currently occupying the property. If so, provide the date of occupancy. If not, specify the date when the owner last occupied the property.
For each section, answer all questions to the best of your knowledge. Use the checkboxes to indicate the source of the water supply and sewer system.
Respond to questions regarding leaks, backups, or material problems related to water supply, sewer system, roof, water intrusion, structural components, wood-destroying insects, mechanical systems, hazardous materials, underground storage tanks, flood plain status, drainage, zoning violations, boundary lines, and other known material defects.
If any item does not apply, mark it as NA (not applicable). If you do not know the answer, indicate Unknown.
For each “Yes” answer, provide a brief description and details of any repairs or actions taken in the past five years.
If additional space is needed for any section, attach extra pages with your signature.
Sign and date the form at the end to certify that the information is accurate and made in good faith.
Ensure that potential purchasers receive a copy of the completed form for their records.

What is the purpose of the Ohio Disclosure Form?

The Ohio Disclosure Form serves to inform potential buyers about certain conditions and information regarding a property, as known by the owner. It is important to note that the owner may not have lived in the property and may not possess more information than what a careful inspection would reveal. This form is mandated by Ohio law and is not a warranty of any kind. Buyers are strongly encouraged to conduct their own inspections.

What should owners do when filling out the form?

Owners must complete the form by answering all questions truthfully. They should report any known conditions affecting the property and can attach additional pages if needed. If a question does not apply, the owner should mark it as "N/A." For items unknown to the owner, they should indicate "Unknown." Completing the form accurately is essential for transparency in the sale process.

What are the implications if the form is not provided before a purchase contract?

If the Ohio Disclosure Form is not provided before entering into a purchase contract, the buyer has the right to rescind the contract. This must be done by delivering a signed and dated rescission document to the owner or their agent before the closing date, within 30 days after the owner accepted the offer, and within 3 business days after receiving the form.

What happens if the owner is unaware of certain issues?

If the owner is not aware of specific issues, they can indicate "Unknown" on the form. However, it is crucial for the owner to disclose any known material defects. Failure to do so could lead to legal consequences, including potential claims of misrepresentation or fraud in the sale of the property.

Are there any recommendations for potential purchasers regarding inspections?

Yes, potential purchasers are strongly advised to obtain their own professional inspections. The Ohio Disclosure Form does not replace the need for thorough inspections. Buyers should consider hiring qualified inspectors to evaluate the property for any hidden issues, such as mold, structural problems, or hazardous materials.

Incomplete Responses: One of the most common mistakes is failing to answer all questions on the form. Each question is designed to gather specific information about the property. Leaving questions unanswered can lead to misunderstandings and potential legal issues down the line.
Misrepresentation of Known Issues: Some owners may downplay or omit known problems with the property. This includes issues such as leaks, mold, or structural damage. Providing false or misleading information can result in legal repercussions, as it may be considered fraud.
Ignoring the Need for Additional Documentation: If the space provided on the form is insufficient, owners often neglect to attach additional pages. It's important to document all relevant information thoroughly. Failing to do so can create confusion for potential buyers.
Not Updating Information: Owners sometimes forget to update the form if new issues arise after it has been filled out. It’s crucial to keep the disclosure current, as potential buyers have the right to know about any changes that could affect their decision.

The Ohio Disclosure form is an important document for anyone involved in the purchase or sale of residential property in Ohio. It provides essential information about the property's condition as known by the owner. However, there are other forms and documents that often accompany this disclosure to ensure a comprehensive understanding of the property and the transaction. Here’s a brief overview of five commonly used documents alongside the Ohio Disclosure form.

Purchase Agreement: This is a contract between the buyer and seller outlining the terms of the sale, including the purchase price, closing date, and any contingencies. It serves as the foundation for the transaction.
Lead-Based Paint Disclosure: Required for homes built before 1978, this form informs buyers of any known lead-based paint hazards in the property. It ensures buyers are aware of potential health risks associated with lead exposure.
Home Inspection Report: This document is generated by a professional inspector who evaluates the property's condition. It covers various aspects, such as structural integrity, electrical systems, plumbing, and more, providing buyers with a detailed assessment.
Radon Disclosure: This form informs potential buyers about the presence of radon gas, a naturally occurring radioactive gas that can pose health risks. Sellers must disclose any known radon levels or mitigation efforts.
Title Report: This document outlines the legal ownership of the property and any liens or encumbrances that may affect it. It’s crucial for buyers to understand any claims against the property before finalizing the purchase.

Using these documents in conjunction with the Ohio Disclosure form can help buyers and sellers navigate the complexities of real estate transactions. They provide clarity and protection for both parties, ensuring that everyone is informed and prepared for the process ahead.

California Seller Disclosure Statement: Similar to the Ohio Disclosure form, this document requires sellers to disclose known defects and conditions of the property. It emphasizes the seller's knowledge and encourages buyers to conduct their own inspections.
New York Property Condition Disclosure Statement: This form mandates sellers to provide information regarding the condition of the property, including any known issues. Like the Ohio form, it serves to protect both parties by ensuring transparency in the transaction.
Texas Seller’s Disclosure Notice: This notice requires sellers to disclose any known material defects in the property. It parallels the Ohio form in its focus on the seller's actual knowledge and the encouragement for buyers to obtain independent inspections.
Florida Seller’s Disclosure: In Florida, sellers must provide a disclosure statement detailing the condition of the property. This document is similar to the Ohio Disclosure form in its intent to inform potential buyers of any known issues.
Illinois Residential Real Property Disclosure Act: This act requires sellers to disclose specific conditions of the property, mirroring the Ohio form's emphasis on seller knowledge and potential buyer inspections.
Washington Seller Disclosure Statement: This document requires sellers to disclose material facts about the property. Its purpose aligns closely with the Ohio Disclosure form, focusing on transparency and informed decision-making for buyers.
Massachusetts Seller’s Statement of Property Condition: Similar to the Ohio form, this statement requires sellers to disclose known issues with the property, ensuring buyers are aware of potential problems before purchasing.
Virginia Residential Property Disclosure Act: This act mandates sellers to disclose known defects, akin to the Ohio Disclosure form's requirements. Both documents aim to foster transparency in real estate transactions.
Pennsylvania Seller’s Disclosure Agreement: In Pennsylvania, sellers must disclose known defects and issues with the property. This requirement is similar to that of the Ohio Disclosure form, promoting informed buyer decisions.

When filling out the Ohio Disclosure form, it’s essential to approach the process with care and attention to detail. Here’s a helpful list of what to do and what to avoid:

Do answer all questions thoroughly. This ensures that potential buyers receive all necessary information about the property.
Do report any known conditions. If you are aware of any issues affecting the property, it is crucial to disclose them.
Do attach additional pages if necessary. If you need more space to provide complete answers, don’t hesitate to include extra pages with your signature.
Do complete the form yourself. Personal involvement in filling out the form helps maintain accuracy and ensures that all information is based on your knowledge.
Do indicate "N/A" or "Unknown" where applicable. If certain items do not apply or you lack knowledge about them, make sure to note that clearly.

Don’t omit any questions. Leaving questions unanswered can lead to misunderstandings or legal complications later on.
Don’t provide false information. Misrepresentation can have serious legal consequences, so it’s vital to be honest.
Don’t ignore the importance of this form. This disclosure is not just a formality; it protects both you and the buyer by clarifying the property's condition.
Don’t rush through the form. Take your time to ensure all details are accurate and complete.
Don’t forget to keep a copy for your records. Retaining a copy of the completed form can be helpful for future reference.

Misconception 1: The Ohio Disclosure Form guarantees the condition of the property.

This form does not serve as a warranty. It is simply a statement of what the owner knows about the property. Potential buyers should still conduct their own inspections.

Misconception 2: Owners must disclose every possible issue with the property.

Owners are only required to disclose conditions they are aware of. If they have not lived in the property or do not have knowledge of certain issues, they are not obligated to report them.

Misconception 3: The form replaces the need for a professional inspection.

The Ohio Disclosure Form does not replace professional inspections. Buyers are strongly encouraged to hire professionals to assess the property thoroughly.

Misconception 4: All questions on the form must be answered.

If certain items do not apply, owners can indicate "N/A" (not applicable). If they are unsure, they can write "Unknown." This allows for flexibility in reporting.

Misconception 5: The form protects the seller from liability for undisclosed issues.

While the form provides some protection, it does not absolve owners of their obligation to disclose known issues. Failure to disclose can lead to legal consequences.

Misconception 6: The form is only for properties that have been lived in.

The form is applicable regardless of whether the owner has lived in the property. It is based on the owner's actual knowledge of the property.

Misconception 7: The form is not legally required.

In Ohio, the Disclosure Form is mandated by law under Ohio Revised Code Section 5302.30. Sellers must provide it to potential buyers before a purchase contract is signed.

Misconception 8: Buyers can rely solely on the information provided in the form.

Buyers should not rely only on the form. It is essential to conduct independent research and inspections to make informed decisions.

Misconception 9: The form covers all potential issues related to the property.

The form addresses specific areas but does not encompass every possible concern. Buyers should consider additional factors, such as neighborhood conditions and local regulations.

Do you know of any current leaks, backups or other material problems with the water supply system or quality of the water?

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)

The Ohio Disclosure Form is an essential document for anyone involved in the sale or purchase of residential property in Ohio. Understanding its key aspects can help ensure a smoother transaction. Here are seven important takeaways regarding this form:

Purpose of the Form: The Ohio Disclosure Form provides potential buyers with important information about the property, specifically conditions known by the owner.
Owner’s Responsibility: Owners must answer all questions truthfully and report any known conditions affecting the property. This includes disclosing any repairs made in the past five years.
Inspection Encouragement: The form explicitly states that it is not a warranty. Potential buyers are encouraged to obtain their own professional inspections for a comprehensive understanding of the property.
Disclosure Limitations: The statements made in this form are based solely on the owner's actual knowledge and do not extend to subsequent property transfers.
Non-Applicable Items: If certain items do not apply to the property, the owner should indicate "NA" (not applicable). If the owner does not have knowledge about an item, they should mark it as "Unknown."
Legal Rights: If the form is not provided before entering a purchase contract, the buyer may rescind the contract under specific conditions outlined in Ohio law.
Due Diligence: Buyers are advised to conduct their own due diligence regarding offsite conditions, including issues like sex offender notifications and abandoned underground mines.