We're Not Hiding Anything Just Because It's Not On The Disclosure Form!
So you're looking at Warren County houses for a new home. You found something you like, you're looking at the home a little closer. You've even got a copy of the Ohio Residential Property Disclosure Form and you're checking through the form to see what home defects the homeowner has disclosed as being current or repaired.
And then it happens, you stroll down in the basement and you see a crack on the wall. And it's obviously been repaired! And there's NOTHING on the disclosure form about it! "That LOWLIFE JACKWAGON <FCC CENSORING IN PLACE> HOME SELLER!!! HOW DARE THEY HIDE STUFF FROM ME!!!"
BEFORE you go all judge, jury and executioner on the home seller, there's a couple of things you need to understand about the Ohio Residential Property Disclosure Form (and note we're talking about OHIO, practices in other states WILL vary).
There are some caveats to the information provided by the seller. If something is a KNOWN current, unrepaired defect, they're required to let you know about it. The four pages of the disclosure form are pretty comprehensive, so chances are there's a question on there that will cover what would concern you as the home buyers. And we're talking MATERIAL, not COSMETIC defects here.
But you also have to consider a few things.
- The seller is not responsible for issues for which they don't have direct knowledge, so don't expect them on the disclosures..
- Repairs made prior to their ownership of the home and that have NOT recurred won't be on the disclosures.
- Repairs made by the current owners in excess of five years ago that have NOT recurred, also will probably NOT be on the disclosures either.
So that crack on the basement wall? If the home was built in the early 2000's and that crack was repaired prior to 2007 and not had any issues since? Well the seller is compliant with the intent of the Ohio Residential Property Disclosure Form to make no mention of it. It doesn't mean they're hiding anything from you, but the fact that a problem hasn't cropped up again in five years should tell you the issue is (most likely) completely corrected.
So if you think there's a problem with a home and think the sellers might not be disclosing something, have a conversation with your buyer's agent (you do have one, right??). They can ask questions of the listing agent (and sellers) to clarify any concerns you might have. And if more information is still needed before proceeding with that home, a professional can be brought in to assess the concern.
Sellers know there are consequences for not disclosing defects. They don't want to jeopardize the sale of their home NOR do they want to be in court after the sale. So a few minutes of clarification may be all that is needed to keep that home on your short list!
Serving Warren County's residential real estate needs,
Liz and Bill aka BLiz
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