Seller disclosures ensure buyers receive essential property details and help sellers complete a smooth and transparent transaction.
Are you risking legal trouble by not disclosing enough when selling your home? Selling in Ohio means more than listing and negotiating. It requires complete transparency. Buyers expect clear, accurate information about a property’s condition, and Ohio law backs that expectation.
If you’re preparing to sell, this is the time to understand what you’re required to share and how to handle disclosures properly. Here’s everything you need to keep in mind:
• Proper use of Ohio’s residential property disclosure. Sellers are expected to complete and provide a residential property disclosure as part of most home sales. This isn’t optional, but a legal requirement that must be fulfilled before closing. Failing to do so can lead to unnecessary delays and serious risks. Brokers take this step seriously and will make sure it’s handled correctly if they’re representing you.
• Selling your home means it’s time to be clear. Buyers want a clear understanding of a property’s condition before making one of the biggest financial decisions of their lives. Being upfront not only builds trust but can also prevent legal issues from arising after closing.
Here are the three things you must disclose when selling your Ohio home:
1. Material defects. Sellers are required to disclose any known material defects that could affect the value or safety of the property. This includes foundation cracks, roof leaks, or pest infestations. Even if repairs have been made and the issue has been resolved, it is essential to disclose that the problem existed and was fixed. Transparency builds trust with buyers and helps prevent disputes later.
“The golden rule of seller disclosures is simple: when in doubt, disclose.”
2. Repairs and property condition. Major structural issues, electrical or plumbing repairs, and past flooding must all be disclosed. Buyers have the right to know the property’s history, even if the repairs are complete or still in progress. Providing this information allows buyers to make informed decisions and shows that you are acting in good faith.
3. Environmental and neighborhood factors. Disclosures are not limited to the property itself. Sellers must also disclose known environmental hazards in the surrounding area. This could include being located in a flood zone or near a contaminated site. Providing this context allows buyers to make an informed decision and shows that you’re committed to transparency, which can set the tone for a positive and cooperative transaction.
The golden rule in real estate disclosures is simple: when in doubt, disclose. Putting everything in writing helps protect you from costly legal trouble down the line. If you are ever unsure, it is wise to consult an attorney. From a real estate perspective, full disclosure is always the best course of action.
However, there are some situations in which you don’t need to disclose. For example, if someone passed away in the home years ago and the event was not notorious, you don’t need to disclose it. You should only disclose events that are widely known or significant enough to impact the property’s reputation.
The real estate market is constantly evolving, and so are the ways we market and sell homes. One thing that does not change is the importance of honesty and trust. If you have real estate questions or need help buying, selling, or managing property, just reach out. You can call me at 419-466-SOLD or send an email to jon@modene.com. I’m happy to help you.
