OHIO REAL ESTATE DISCLOSURE GUIDE

Guide Date: [[Guide Preparation Date]]
Transaction Type: [[Sale / Land Contract / Lease with Option / Exchange]]
Property Type: [[1-4 Unit Residential / Other, specify [[Property Type Details]]]]
User Role: [[Buyer / Seller / Agent / Other]]
Property Address: [[Property Full Address or "General Guidance"]]

This guide summarizes key disclosure obligations for residential real estate transactions in Ohio under Ohio Revised Code § 5302.30 and related federal and state requirements. It is intended for general informational use. Parties should consult the official prescribed forms, a licensed Ohio real estate broker or attorney, and current statutes.

1. Residential Property Disclosure Form (Core Requirement)

Ohio law requires most sellers of 1-to-4 unit residential real property to complete and deliver the Ohio Residential Property Disclosure Form (prescribed form under ORC § 5302.30) to prospective buyers or their agents as soon as practicable before the buyer signs a purchase contract or other binding agreement.

Key points:

1. The form requires disclosure of material matters relating to the physical condition of the property actually known to the Seller, including water supply source, sewer system, structural condition of roof/foundation/walls/floors, and presence of hazardous materials.

2. Hazardous materials expressly referenced include lead-based paint, asbestos, urea-formaldehyde foam insulation, and radon gas. Mold inspection or remediation history is also addressed in the current form per administrative rule.

3. The form includes a statutory purpose statement, instructions for the transferor, signature blocks for Seller(s), and acknowledgment blocks for Buyer(s).

4. Delivery timing: As soon as practicable; Buyer has three (3) business days after receipt to rescind the purchase agreement by written notice (ORC § 5302.30(K)).

5. "As-is" sales still require delivery of the completed form.

2. Lead-Based Paint Disclosure (Federal Requirement)

For residential housing built before January 1, 1978:

1. Seller must disclose known lead-based paint and/or lead-based paint hazards.

2. Seller must provide the EPA pamphlet "Protect Your Family From Lead in Your Home."

3. Buyer must receive opportunity for a lead-based paint inspection or risk assessment (typically 10 days unless waived).

4. Disclosure and pamphlet delivery must occur before the buyer is obligated under the purchase contract.

5. Failure to comply can result in penalties under 42 U.S.C. § 4852d and may provide rescission or damage remedies to the buyer.

3. Other Common Disclosures and Notices

Ohio and federal law may require additional disclosures depending on facts:

1. Radon: While not a standalone mandatory separate form for all sales, known test results or mitigation must be disclosed if within Seller's actual knowledge on the Property Disclosure Form. Buyers are advised to test.

2. Mold: The Property Disclosure Form addresses known mold inspection or remediation. Ohio does not have a separate statewide mold disclosure statute beyond general known-defect duties.

3. Flood and Drainage: Any known flooding history or drainage problems must be disclosed. Check local flood maps; some lenders require flood insurance determinations.

4. Death on the Property: While Ohio does not have a statute identical to some states' "Megan's Law" style property death disclosure, known facts material to value or desirability should be disclosed under general principles; psychological stigma alone may not always require disclosure but consult counsel.

5. Sex Offender Registry: Ohio has a public registry. Agents and parties should advise buyers to search the Ohio Attorney General's Sex Offender Search as a matter of due diligence. No automatic seller disclosure obligation for registry status.

6. Smoke and Carbon Monoxide Detectors: Ohio has requirements for installation in certain dwellings. Confirm compliance with local codes at time of transfer.

7. Private Water and Septic Systems: Specific testing or inspection may be required by lender or local health department; disclose known issues on the Property Disclosure Form.

4. Agency Disclosure Obligations

Ohio real estate licensees must disclose their agency relationship to all parties in a timely manner consistent with Ohio Revised Code Chapter 4735 and administrative rules.

1. A written agency disclosure statement is typically provided at first substantive contact.

2. The form identifies whether the licensee represents the seller, buyer, both as dual agent (with consent), or as a transaction broker/facilitator.

3. Dual agency requires informed written consent of both parties and has limitations on duties.

5. Timing and Delivery Summary

1. Property Disclosure Form: Deliver as soon as practicable prior to buyer signing contract. Buyer rescission window: 3 business days after receipt.

2. Lead-Based Paint: Prior to buyer being obligated under contract (pre-1978 housing).

3. Agency Disclosure: At first substantive contact or as required by license law.

4. Any amendments to the Property Disclosure Form after initial delivery may trigger additional buyer rights to rescind under ORC § 5302.30(K)(2).

6. Exemptions from Property Disclosure Form Requirement

Certain transfers are exempt under ORC § 5302.30, including but not limited to:

1. Transfers by court order (foreclosure, bankruptcy, probate, divorce decree, etc.).

2. Transfers by a fiduciary in the administration of a decedent's estate, guardianship, conservatorship, or trust (with limitations).

3. Transfers from one co-owner to one or more other co-owners.

4. Transfers to a spouse or to a person in the lineal line of consanguinity.

5. Transfers of newly constructed homes that have never been occupied.

6. Certain other transfers listed in the statute (consult current text).

Even in exempt transactions, other disclosures (lead paint, agency, known latent defects) may still apply.

7. Role-Specific Guidance

For Sellers:

• Complete the Property Disclosure Form honestly based on actual knowledge. "Unknown" or "Not applicable" may be used where appropriate.

• Deliver the form promptly.

• Update the form if new information becomes known before closing.

• Provide access for buyer inspections.

For Buyers:

• Review the Property Disclosure Form carefully.

• Conduct independent professional inspections regardless of disclosures.

• Exercise rescission rights timely (within 3 business days of receipt of disclosure).

• Obtain title commitment, survey, and any environmental testing as desired.

For Agents:

• Ensure timely delivery and proper documentation of receipt of disclosures.

• Maintain copies in the transaction file.

• Advise clients of their rights and obligations without practicing law.

• Use current versions of all required forms.

8. Recommended Supporting Documents and Addenda

1. Ohio Residential Property Disclosure Form (signed and dated by Seller).

2. Lead-Based Paint Disclosure and Pamphlet (pre-1978).

3. Agency Disclosure Statement.

4. Purchase Agreement with contingencies and addenda.

5. Any HOA/Condo documents if applicable.

6. Move-in / Move-out condition checklists (for rentals, separate context).

9. Penalties and Buyer Remedies

Failure to comply with ORC § 5302.30 disclosure delivery may allow the buyer to rescind the purchase agreement within the statutory window without liability. Other remedies for fraud or misrepresentation may be available under common law or consumer protection statutes. Federal lead disclosure violations carry separate civil and criminal penalties.

10. Sources and Verification Note

Primary authority: Ohio Revised Code § 5302.30 (effective provisions as of 2026-06), Ohio Administrative Code provisions implementing the form, and 42 U.S.C. § 4852d (Residential Lead-Based Paint Hazard Reduction Act). The official form is available from the Ohio Department of Commerce Division of Real Estate and Professional Licensing.

This guide uses [[tokens]] for transaction-specific details. Always verify the current prescribed form and any recent statutory amendments before use., -

*Template guide for Ohio real estate disclosures, not legal advice. Confirm all requirements against current Ohio Revised Code, administrative rules, and official forms. Obtain professional legal and real estate counsel for specific transactions. References current as of 2026-06.*