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Yes. Under Ohio Revised Code § 5302.30, sellers of residential properties (1–4 units) must provide buyers with the state-mandated Residential Property Disclosure Form (RPDF) before the purchase agreement is signed. Sellers must disclose known material defects that are not readily observable. The form covers structural issues, roof, foundation, water intrusion, mechanical systems, pest damage, mold, lead-based paint (federal requirement for pre-1978 homes), and any known violations of building or housing codes.
Fraud/fraudulent nondisclosure → 4 years from the date you discovered (or reasonably should have discovered) the defect
Breach of contract → 6 years from the date of closing or breach (written contracts reduced from 8 to 6 years in 2021)
Act quickly as the discovery rule only helps if you truly could not have found the issue earlier.
Yes. Because real estate is considered unique under Ohio law, courts frequently grant specific performance, forcing the breaching party to complete the sale. This is especially common when buyers try to back out in a hot market.
No. Even in an “as is” sale, Ohio law still requires completion of the Residential Property Disclosure Form and honest answers about known defects. “As is” only means the seller will not make repairs, it does not protect sellers from liability for fraud or intentional concealment.
Yes, but only if a contingency is not satisfied and you act within the deadline. The most common contingencies in Ohio purchase agreements are:
Once contingencies are removed or waived, backing out usually means forfeiting earnest money and risking a lawsuit for specific performance or damages.
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