What Do You Have to Disclose When Selling a Home in Ohio?

If you're getting ready to sell your home in Ohio, you may look at the Residential Property Disclosure Form and wonder exactly how much you need to disclose.

Do you need to mention the basement leak you repaired three years ago? What about a roof leak that was fixed? A radon system? An old insurance claim? And if something has been repaired and hasn't caused another problem, does it still matter?

The simplest way I explain it to sellers is this: if you know about a material issue with the property and the disclosure form asks about it, disclose it honestly. A repair doesn't necessarily mean the history of the problem disappears.

That doesn't mean you need to create a list of every squeaky door, nail hole or minor repair you've ever made. The purpose of the disclosure is to give buyers information about known conditions and material defects that could affect the property.

What is the Ohio Residential Property Disclosure Form?

For most residential home sales in Ohio, the seller completes a Residential Property Disclosure Form. It covers the seller's actual knowledge of the property at the time the form is completed.

The form asks about things such as:

• Water supply and sewer or septic systems
• Roof leaks or other roof problems
• Water intrusion, moisture and mold inspections
• Foundation and structural problems
• Termites and other wood-destroying insects
• Electrical, plumbing, heating and cooling systems
• Sump pumps, fireplaces and other mechanical systems
• Radon, lead-based paint, asbestos and other hazardous materials
• Underground storage tanks and wells
• Flood plains, drainage and erosion
• Code or zoning violations and assessments
• Homeowners association fees or regulations
• Boundary disputes, encroachments and shared driveways
• Other known material defects

The form is not a warranty that the home is perfect. It also isn't a substitute for the buyer's home inspection. It is simply the seller's disclosure of what they actually know about the property.

Do you have to disclose something that has already been repaired?

Sometimes, yes.

This is one of the areas where sellers can misunderstand the form. They may think, "We fixed that, so it isn't a problem anymore."

But several questions on Ohio's disclosure form specifically ask about previous or current problems. The form then gives you room to explain what happened and what repairs were completed.

For example, if you had a roof leak and replaced the roof, that doesn't automatically mean the previous leak should be ignored. You can disclose the leak and explain that the roof was replaced. The same idea applies to many water, structural, termite and mechanical issues.

In many cases, the repair is actually helpful information. It tells the buyer there was an issue and shows what you did to correct it.

Is there a five-year limit on what you have to disclose?

There isn't one blanket five-year rule that applies to everything on the Ohio disclosure form.

This is an important distinction.

Several sections ask whether you know of a previous or current problem. When the form asks you to describe repairs, some of those sections say you don't need to list repairs going back longer than five years.

That isn't the same thing as saying a known condition no longer matters once five years have passed.

Other sections of the form don't use the five-year language at all. Water intrusion, for example, asks about previous or current water leakage, accumulation or excess moisture and asks the seller to describe repairs without giving the same five-year limitation.

So I would not use five years as a general rule for deciding whether something should be disclosed.

What if you aren't sure whether something is a material defect?

This is where I think sellers sometimes make things harder on themselves than necessary.

If you're debating whether something should be disclosed, tell me about it. We can look at exactly what happened, what the disclosure form asks and whether additional guidance is needed.

Trying to hide a known problem creates far more risk than explaining it.

A disclosure can also provide context. "Basement leaked" sounds very different from "Water entered the basement during a severe storm in 2022. Drainage was corrected and no water intrusion has occurred since."

Facts matter.

And if you're preparing your home for the market and trying to decide which issues should actually be repaired before listing, I cover that separately in What Should You Fix Before Listing Your Home?

What happens if the buyer's inspection finds something you didn't disclose?

Finding something during an inspection doesn't automatically mean the seller failed to disclose it.

The Ohio disclosure form is based on the seller's actual knowledge. You aren't required to tear open walls, crawl onto the roof or hire inspectors to discover problems you don't know exist before completing the form.

That's one reason buyers are encouraged to have their own professional inspections.

If the inspection uncovers something you truly didn't know about, that's very different from an inspector finding evidence of a problem you knew existed but didn't disclose.

Once a new issue becomes known during the transaction, however, it needs to be handled carefully. Depending on the situation, that may mean repairs, a credit, further evaluation or another negotiated solution. You can read more about that in Which Home Inspection Repairs Are Worth Negotiating?

What about previous homeowners insurance claims?

This is a less obvious issue, but one worth knowing about.

Insurance companies may use consumer reporting information that includes insurance claims history when evaluating a property or homeowner. LexisNexis Risk Solutions maintains consumer information that can include insurance claims history, and consumers can request a copy of their own disclosure report.

You may hear this referred to as a C.L.U.E. report, which stands for Comprehensive Loss Underwriting Exchange.

A previous insurance claim isn't automatically a problem with the sale. A hail claim followed by a properly replaced roof, for example, can be very different from a history of recurring water claims.

But it is another reason I don't recommend trying to decide what to disclose based on whether you think anyone will ever find out.

The better question is simply: What do I know about the property, and what does the disclosure form require me to answer?

Are there Ohio home sales that don't require the disclosure form?

Yes. Ohio law has several exceptions.

For example, certain transfers involving estates, trusts, foreclosure, divorce, transfers between co-owners or family members, and some inherited properties may be exempt. Newly constructed residential property that hasn't previously been occupied is also treated differently.

These exceptions can be very specific, so I wouldn't assume your sale is exempt simply because the property is held in a trust or came through an estate.

If you're selling an inherited or probate property, you can also read How Do You Sell an Inherited or Probate Home in Central Ohio?

When in doubt, disclose

I know sellers sometimes worry that disclosing a previous problem will scare buyers away. In my experience, that's usually not the part that causes trouble.

Buyers understand that homes need repairs. Roofs leak. Sump pumps fail. Basements get water. Furnaces get replaced. Radon systems are installed.

What makes buyers nervous is finding something later that they believe should have been disclosed from the beginning.

I'd much rather explain an issue clearly, provide the repair information we have and let the buyer make an informed decision.

If you're considering selling your Central Ohio home, we'll go through the disclosure and the rest of your preparation together. If there's something you're unsure about, we'll address it before the home goes on the market rather than waiting for it to become an issue later.

Frequently Asked Questions About Seller Disclosures in Ohio

What does a seller have to disclose on the Ohio Residential Property Disclosure Form?

For most residential sales, sellers disclose their actual knowledge of conditions involving the home's water and sewer systems, roof, water intrusion, structure, termites, mechanical systems, hazardous materials, drainage, zoning and code issues, assessments, boundary issues and other known material defects.

Do I have to disclose a problem that was already repaired?

Possibly. Several sections of the Ohio form ask about previous or current problems and then allow the seller to explain repairs that were completed. A repaired problem should not automatically be treated as though it never happened.

Is there a five-year limit on seller disclosures in Ohio?

There is not a blanket five-year rule for everything on the disclosure form. Some sections limit how far back the seller is asked to describe completed repairs, while the underlying question may still ask about previous or current conditions. Other sections do not include the same five-year language.

Do sellers have to discover problems they don't know about?

The Ohio disclosure form is based on the seller's actual knowledge. It does not require a seller to perform a professional home inspection to discover unknown defects before completing the form.

Does selling a home as-is eliminate the need to disclose defects?

No. Selling a home as-is generally addresses the seller's willingness to make repairs or changes to the property. It does not automatically eliminate applicable disclosure obligations.

This article provides general real estate information and is not legal advice. Disclosure requirements can depend on the property and circumstances of the sale. Sellers with legal questions about a specific disclosure should consult an Ohio real estate attorney.