The Ohio Residential Property Disclosure Form can be found here:
Residential Property Disclosure Form
Ohio Code (Section 5302.30) requires owners of residential real estate (1-4 family) to furnish buyers a Residential Property Disclosure Form.
A disclosure statement must be furnished in connection with the sale, land installment contract, lease with option to purchase, exchange, or lease for a term of ninety-nine years and renewable forever.
When To Provide The Form
According to Ohio Code "as soon as is practicable". We recommend you include the completed disclosure when submitting your flat fee MLS listing. We will upload the disclosure to the MLS and any offers should be submitted to you with a buyer signed copy of the disclosure.
If you do not complete the disclosure in advance, buyers may rescind an accepted offer without penalty and their deposit must be returned (see Section 5302.30 for full details).
For the most current list of exemptions from this disclosure, see Section 5302.30. Below are the exemptions noted as of the original publishing of this article.
NOTE: If you are not required to make this disclosure, the Ohio Association of Realtors makes available the form "Residential Property Disclosure Exemption Form".
The following transfers are exempt:
- (a) A transfer pursuant to court order, including, but not limited to, a transfer ordered by a probate court during the administration of a decedent's estate, a transfer pursuant to a writ of execution, a transfer by a trustee in bankruptcy, a transfer as a result of the exercise of the power of eminent domain, and a transfer that results from a decree for specific performance of a contract or other agreement between persons;
- (b) A transfer to a mortgagee by a mortgagor by deed in lieu of foreclosure or in satisfaction of the mortgage debt;
- (c) A transfer to a beneficiary of a deed of trust by a trustor in default;
- (d) A transfer by a foreclosure sale that follows a default in the satisfaction of an obligation secured by a mortgage;
- (e) A transfer by a sale under a power of sale following a default in the satisfaction of an obligation that is secured by a deed of trust or another instrument containing a power of sale;
- (f) A transfer by a mortgagee, or a beneficiary under a deed of trust, who has acquired the residential real property at a sale conducted pursuant to a power of sale under a mortgage or a deed of trust or who has acquired the residential real property by a deed in lieu of foreclosure;
- (g) A transfer by a fiduciary in the course of the administration of a decedent's estate, a guardianship, a conservatorship, or a trust;
- (h) A transfer from one co-owner to one or more other co-owners;
- (i) A transfer made to the transferor's spouse or to one or more persons in the lineal line of consanguinity of one or more of the transferors;
- (j) A transfer between spouses or former spouses as a result of a decree of divorce, dissolution of marriage, annulment, or legal separation or as a result of a property settlement agreement incidental to a decree of divorce, dissolution of marriage, annulment, or legal separation;
- (k) A transfer to or from the state, a political subdivision of the state, or another governmental entity;
- (l) A transfer that involves newly constructed residential real property that previously has not been inhabited;
- (m) A transfer to a transferee who has occupied the property as a personal residence for one or more years immediately prior to the transfer;
- (n) A transfer from a transferor who both has not occupied the property as a personal residence within one year immediately prior to the transfer and has acquired the property through inheritance or devise.
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