4.4 Environmental Issues and Special Topics

The Ohio Residential Property Disclosure Form (ORC 5302.30)

The most-tested item here is the Residential Property Disclosure Form. Ohio law (ORC 5302.30) requires a transferor of most residential property (1–4 units) to give the buyer a completed disclosure form before the buyer makes a written offer, or as soon as practicable after.

Key logistics the exam asks about:

Environmental questions on the form include:

The Agent's Independent Disclosure Duty

Separate from the seller's form, an Ohio licensee must disclose known material defects that are not readily observable (ORC 4735.18 / agency rules). The agent is not required to actively investigate or test for hidden environmental hazards, but may not conceal a known problem. "I knew the basement floods every spring but said nothing" is a disciplinable misrepresentation.

Stigmatized property and psychologically affected facts: Ohio law (ORC 5302.30(B)(5)) states that the fact a property was the site of a suicide, homicide, or other death, or was occupied by a person with HIV/AIDS, is not a material defect that must be disclosed. A licensee may not be held liable for failing to disclose such psychologically stigmatizing facts. This protects against fair-housing problems (HIV status ties to disability) while keeping the focus on physical condition. Material physical defects, by contrast, must always be disclosed when known.

Lead-Based Paint — Federal Title X (Pre-1978 Housing)

The Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) governs target housing built before 1978. This is federal and applies in Ohio for both sales and rentals.

Exam trap: The 10-day inspection period is for sales, and it can be shortened or waived only by mutual written agreement. Newly built post-1977 housing is exempt.

Radon, Flood, Wetlands, and Brownfields

Radon — Ohio does not mandate a separate radon disclosure, but the disclosure form asks for known radon test results, and parts of Ohio (especially the western and central counties on uranium-bearing soils) have elevated levels. Best practice: recommend testing; mitigation systems are inexpensive relative to value.

Flood zones — Ohio has no standalone state flood-disclosure statute, but:

Wetlands are protected under the federal Clean Water Act (Section 404 permits via the U.S. Army Corps of Engineers) and Ohio EPA Section 401 water-quality certification — disturbance generally requires permits and may demand mitigation.

Ohio EPA: USTs and Brownfields

The Ohio Environmental Protection Agency (Ohio EPA) regulates air, water, hazardous/solid waste, and underground storage tanks (USTs) (the State Fire Marshal's BUSTR division actually oversees petroleum USTs). Tanks must be registered; leaking USTs trigger a corrective-action program and potential owner liability.

The Ohio Brownfield Program (and the Clean Ohio / state brownfield remediation grants) encourages redeveloping contaminated sites:

Mold, Asbestos, and Water Quality

Mold is not separately regulated by a disclosure statute, but visible mold or moisture intrusion is a known condition reported on the disclosure form and can be a material defect. Asbestos (common in pre-1980 insulation, floor tile, and pipe wrap) is regulated for renovation/demolition by the Ohio EPA and federal NESHAP rules; intact, undisturbed asbestos is generally left in place. For homes on a private well, the disclosure form asks about water source and any test results; buyers commonly condition offers on a potability test.

Septic systems are regulated by local health districts, and a point-of-sale inspection may be required in some Ohio counties.

Special Flood Hazard Areas — the Practical Test

Exam point: a buyer paying all cash outside an SFHA has no federal flood-insurance mandate, but a prudent agent still advises checking the flood map, because zone changes affect future resale and insurability.