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The Ohio Disclosure Form is a document that provides important information about the condition of a residential property. It is filled out by the owner and outlines known issues that may affect the property. This form aims to inform potential buyers, ensuring they are aware of any significant concerns before making a purchase.

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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)

Fact Name	Details
Purpose	The form serves as a statement of known conditions and information about the property from the owner's perspective.
Governing Law	This form is required by Ohio Revised Code Section 5302.30.
Owner's Knowledge	The owner must disclose conditions based on their actual knowledge, not on information from agents or subagents.
Inspection Encouragement	Potential purchasers are encouraged to conduct their own professional inspections to assess property conditions.
Disclosure Limitations	The information does not limit the owner's obligation to disclose other required information by law.
Owner Instructions	Owners must answer all questions and report known conditions, marking items as NA if not applicable.
Material Defects	Owners must disclose known material defects that could be dangerous or inhibit use of the property.
Rescission Rights	Purchasers can rescind the purchase contract if the form is not provided before entering into a contract, per Ohio Revised Code Section 5302.30(K).

The Ohio Disclosure form is an essential document for anyone involved in the purchase or sale of residential property in Ohio. It provides potential buyers with crucial information about the property's condition as known by the owner. However, several other forms and documents often accompany this disclosure to ensure a thorough understanding of the property and its legal standing. Below is a list of these important documents.

Purchase Agreement: This is a contract between the buyer and seller outlining the terms of the sale, including the purchase price, contingencies, and closing date. It serves as the foundation for the transaction.
Title Report: This document details the legal ownership of the property and reveals any liens, easements, or claims against it. It is crucial for confirming that the seller has the right to sell the property.
Home Inspection Report: After a professional inspection, this report provides insights into the property's condition, highlighting any repairs needed or potential issues. It helps buyers make informed decisions.
Lead-Based Paint Disclosure: Required for homes built before 1978, this form informs buyers about the potential presence of lead-based paint and any known hazards, ensuring safety and compliance with federal regulations.
Radon Disclosure: This document informs buyers about the potential presence of radon gas, a harmful substance that can accumulate in homes. It often includes information about testing and mitigation options.
Home Warranty Agreement: This optional document offers protection against unexpected repairs or replacements of major home systems and appliances for a specified period after the purchase.
Power of Attorney Form: This legal document allows an individual to designate another person to make decisions on their behalf, ensuring that their wishes are honored during critical times. For more information, visit https://documentonline.org/blank-california-power-of-attorney.
Seller's Disclosure Statement: Similar to the Ohio Disclosure form, this statement provides additional details about the property’s condition, including any known defects or issues that may not be covered in the standard disclosure.
Community Association Documents: If the property is part of a homeowners’ association (HOA), these documents outline the rules, regulations, and fees associated with the community, giving buyers insight into living conditions and obligations.

Understanding these documents is crucial for both buyers and sellers in Ohio's real estate market. Each one plays a role in ensuring transparency and protecting the interests of all parties involved. By being informed, potential purchasers can navigate the home-buying process with confidence.

Filling out the Ohio Disclosure form is an essential step for property owners when selling their residential property. This form requires the owner to disclose specific conditions and information known to them about the property. The following steps will guide you through the process of completing the form accurately and thoroughly.

Begin by obtaining the Ohio Disclosure form, ensuring it is the latest version.
Write the property address at the top of the form.
List the owner’s name(s) as they appear on the property title.
Indicate the date you are filling out the form.
Specify whether the owner is or is not occupying the property.
If the owner is occupying the property, state the date they began occupying it.
If the owner is not occupying the property, indicate the date they stopped occupying it.
Answer all questions in the form, checking the appropriate boxes for each section.
For any known issues or conditions affecting the property, provide detailed descriptions in the spaces provided.
If additional space is needed, attach extra pages and sign them.
For items that do not apply, write NA (not applicable). If you do not know the answer, indicate Unknown.
Initial and date each section as required, ensuring clarity and acknowledgment of the information provided.
Review the completed form for accuracy and completeness before submitting it.

Once the form is filled out, it should be submitted to the potential purchasers. This form serves as a critical disclosure tool that helps buyers make informed decisions regarding the property. Remember, it is advisable for purchasers to conduct their own inspections to verify the condition of the property.

Filling out the Ohio Disclosure Form can be a straightforward process, but there are common mistakes that can lead to complications later on. One significant error is failing to answer all questions. Each section is designed to gather important information about the property. Leaving questions unanswered can create confusion and may raise concerns for potential buyers.

Another mistake is not providing accurate details about known conditions. If there are issues such as leaks, structural problems, or pest infestations, it is crucial to disclose them. Omitting this information can lead to legal issues down the road. Buyers rely on this form to make informed decisions, and transparency is essential.

Some owners may mistakenly believe they can delegate the completion of the form to someone else. However, the instructions clearly state that the owner must complete the form themselves. This ensures that the information is based on the owner's actual knowledge and experience with the property.

Using "N/A" incorrectly is another common error. If a question does not apply, it is appropriate to mark it as such. However, if the owner is unsure about a specific issue, they should indicate "Unknown" instead. This distinction is important for clarity and honesty in the disclosure.

Many owners also overlook the importance of describing repairs or issues from the past five years. If there have been any repairs related to water damage, structural issues, or pest treatments, these should be noted. Providing this context can help buyers understand the property's history and condition.

Another mistake is neglecting to mention any hazardous materials present on the property. Whether it’s lead paint, asbestos, or radon gas, failing to disclose these risks can have serious consequences. Buyers need to be aware of any potential hazards to make safe choices.

Additionally, some owners may not fully understand the implications of zoning or code violations. If there are any known violations, these should be disclosed. Not doing so can result in legal complications and affect the sale of the property.

Finally, many owners forget to keep a copy of the completed form for their records. This is essential not only for their own reference but also in case any disputes arise in the future. Keeping thorough documentation can protect both the owner and the buyer.

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)

What is the purpose of the Ohio Disclosure Form?
The Ohio Disclosure Form serves to provide potential buyers with important information regarding the property's condition as known by the owner. This includes details about various systems and potential issues that may affect the property. It is important to note that this form is not a warranty of any kind, nor does it replace the need for a professional inspection.
Who is responsible for completing the Ohio Disclosure Form?
The owner of the property is responsible for completing the form. They must answer all questions truthfully based on their actual knowledge of the property. If additional space is needed, the owner can attach extra pages with their signature. It is essential that the owner fills out the form themselves to ensure accuracy.
What should potential buyers do with the information provided?
Potential buyers should carefully review the information disclosed in the form. It is crucial to understand that the owner is not obligated to update this form after it is completed. Therefore, buyers are encouraged to conduct their own inspections and due diligence to identify any potential issues that may not be disclosed.
What happens if the Ohio Disclosure Form is not provided before signing a purchase contract?
If the form is not provided prior to entering into a purchase contract, the potential buyer has the right to rescind the contract. This must be done by delivering a signed document of rescission to the owner or their agent. The rescission must occur before the closing date, within 30 days of the owner's acceptance of the offer, and within 3 business days of receiving the disclosure form.
Are there any limitations to the information provided in the Ohio Disclosure Form?
Yes, the information contained in the form is based solely on the owner's actual knowledge at the time of completion. The owner is not responsible for disclosing information that may be required by other laws or statutes. Additionally, the form does not cover offsite conditions or issues related to local laws, such as Ohio’s Sex Offender Registration and Notification Law.
What should buyers know about hazardous materials?
The form includes questions regarding the presence of hazardous materials such as lead-based paint, asbestos, and radon gas. If the owner indicates that such materials are present, buyers should seek further information and consider professional testing or remediation. Understanding these risks is vital for making an informed purchasing decision.