Northeast Ohio Failure to Disclose Lawsuits
Almost every type of real estate transaction, whether residential or commercial, requires certain disclosures to be made. When certain disclosures concerning material issues of a property are not made, or when misrepresentations are made, legal action may be taken.
In Ohio, sellers are generally required to provide the Ohio Residential Property Disclosure Form to buyers.
Sellers are required to disclose any problems that they are aware of concerning the property, including any issues with:
- Sewer
- Water intrusion
- Electrical systems
- Roof leakage
- Foundation problems
- Toxic Mold
- HVAC issues
- Termites and other wood eating insects
- Appliances
- Boundary Issues
- Erosion Issues
- Underground storage tanks
- Mineral Rights
- Abandoned Mines
- Special Assessments
There are exceptions where the Ohio Residential Property Disclosure Form is not required. This includes transactions involving:
- A forced sale (e.g. foreclosure, eminent domain)
- Transfer from one co-owner to another co-owner
- Transfer between family members
- A house obtained through inheritance that has not been lived in for over 1 year
- Transfer to someone that has lived at the property for over 2 years
Additional disclosures required for Ohio residential transactions include:
- Lead paint disclosure (for housed built prior to 1978)
- Dual agency form (for real estate agents acting on behalf of buyer and seller)
- Consumer guides (advising clients of real estate agents of their rights)
If a seller has failed to disclose a material issue regarding a property or if a real estate agent fails to obtain or provide you with a require disclosure form we are here to help. Our experienced real estate lawyers have experience litigating failure to disclose cases in Cleveland throughout Northeast Ohio.
