Key Takeaways
- Ohio requires sellers of residential property to provide a Residential Property Disclosure Form
- The disclosure form covers property condition, systems, environmental issues, and legal matters
- Sellers must disclose known material defects affecting the property
- The buyer has 3 business days to rescind after receiving the disclosure
- Exemptions exist for certain transfers including foreclosures, estates, and new construction
Last updated: January 2026
Ohio Property Disclosure Requirements
Unlike many states, Ohio has a mandatory seller disclosure law requiring residential property sellers to disclose known material defects.
Residential Property Disclosure Form
Ohio law (ORC 5302.30) requires sellers to provide the Residential Property Disclosure Form.
When Required
The disclosure must be provided:
| Transaction Type | Required? |
|---|---|
| Residential 1-4 units | Yes |
| New construction (first sale) | No |
| Foreclosure sales | No |
| Estate sales (certain) | May be exempt |
| Court-ordered sales | No |
| Transfer to spouse/family | May be exempt |
Timing of Disclosure
| Stage | Requirement |
|---|---|
| Before offer | Best practice |
| After offer, before acceptance | Preferred |
| After acceptance | Buyer gets rescission right |
What Must Be Disclosed
Categories on the Disclosure Form
| Category | Examples |
|---|---|
| Water Supply | Well, city water, problems |
| Sewage System | Septic, city sewer, issues |
| Roof | Age, leaks, repairs |
| Basement | Water problems, cracks |
| Structural | Foundation, walls, floors |
| Mechanical | HVAC, plumbing, electrical |
| Environmental | Lead paint, radon, mold |
| Legal | Boundary disputes, easements |
| Infestations | Termites, pests |
Seller's Disclosure Duties
What Sellers Must Disclose
Ohio sellers must disclose:
- Known material defects affecting the property
- Current condition of systems and components
- Past problems that have been repaired
- Environmental hazards if known
- Legal issues affecting the property
Seller's Knowledge Standard
| Standard | Description |
|---|---|
| Actual knowledge | What seller actually knows |
| No duty to investigate | Seller need not inspect |
| No warranty | Disclosure is not a warranty |
| As-is sales | Still must disclose known defects |
What Sellers Need NOT Disclose
Ohio law does not require disclosure of:
| Exempt Information | Reason |
|---|---|
| Sex offender proximity | No legal duty |
| Deaths on property | Not material under Ohio law |
| AIDS/HIV of occupants | Fair housing/privacy |
| Violent crimes | Not material defect |
Buyer's Rescission Right
3 Business Day Rescission Period
If disclosure is provided after the buyer has made an offer:
| Timing | Right |
|---|---|
| Disclosure provided after offer | Buyer has 3 business days to rescind |
| How to rescind | Written notice to seller/broker |
| Effect | Contract is void |
| Earnest money | Returned to buyer |
Best Practice: Provide disclosure before offer to avoid rescission complications.
Agent Disclosure Duties
Separate from Seller Disclosure
Ohio agents have independent duties:
| Agent Duty | Description |
|---|---|
| Disclose material facts | Known defects |
| Disclose legal issues | Known title problems |
| Cannot conceal | Defects on seller's behalf |
| No guarantee | Of disclosure accuracy |
Federal Disclosure Requirements
In addition to Ohio law:
| Requirement | When |
|---|---|
| Lead-based paint | Homes built before 1978 |
| EPA pamphlet | Must be provided |
| 10-day inspection | Right can be waived |
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Test Your Knowledge
If an Ohio seller provides the property disclosure form after the buyer makes an offer, what right does the buyer have?
A
B
C
D
Test Your Knowledge
Which of the following is Ohio required to disclose on the Residential Property Disclosure Form?
A
B
C
D