Seller disclosure requirements in Ohio: the state form

Is a disclosure form required by law?

Yes. The statute applies to a transfer of residential real property, meaning land with a building that has one to four dwelling units. It covers sales, land installment contracts, leases with an option to purchase, exchanges, and 99-year renewable leases (R.C. 5302.30(A)(4), (B)(1)).

The seller must fill in every applicable item on the form the Director of Commerce prescribes. The seller must give the buyer, or the buyer’s agent, a signed and dated copy “as soon as is practicable” (R.C. 5302.30(C)). Delivery can be in person, by ordinary or certified mail, or by fax (R.C. 5302.30(I)). The buyer then signs and dates the form to acknowledge receipt and returns a copy (R.C. 5302.30(H)).

What the form covers

The current Commerce form is dated June 2022. The owner answers from actual knowledge, not from a new inspection. The form asks about water supply and sewer system; roof, water intrusion, mold, structure and fire damage; termites; mechanical systems; hazardous materials (lead-based paint, asbestos, urea-formaldehyde insulation, radon); underground tanks, wells and mineral leases; flood plain and Lake Erie erosion; drainage; code violations and association fees; boundary disputes and encroachments; and any other known material defect.

The form says it is not a warranty and not a substitute for an inspection, and it urges buyers to get their own professional inspection. See home inspection cost.

Who is exempt?

Section 5302.30(B)(2) lists the transfers that do not need the form:

When can a buyer cancel?

The rescission right depends on when the buyer gets the form.

• Form received before the buyer made an offer and signed the contract: no rescission right under this statute (R.C. 5302.30(K)(3)(d)).
• Form or an amendment received after the contract is signed: the buyer may rescind in a written, signed and dated document delivered to the seller or the seller’s agent within 3 business days after the buyer or the buyer’s agent receives it. The buyer also must rescind by the earlier of 30 days after the seller accepted the offer or the closing date. The seller returns any deposit (R.C. 5302.30(K)(2), (K)(3)).
• No form delivered at all after a contract exists: the buyer may rescind by the same 30-day or closing-date limit, and gets the deposit back (R.C. 5302.30(K)(4)).
• A buyer may waive the right to rescind (R.C. 5302.30(K)(3)(c)).

Apart from this right, a missing form does not cancel the sale (R.C. 5302.30(K)(1)). A seller may amend answers in writing at any time after delivery (R.C. 5302.30(G)); an amendment received after the contract also opens a 3-business-day window.

What happens if a seller does not disclose?

The Supreme Court of Ohio held in 2025 that § 5302.30 “does not create an independent cause of action” for an incomplete form. A buyer’s remedy for nondisclosure is limited to common-law fraud claims (Ashmus v. Coughlin, ¶ 17). Several points follow from the statute and that decision:

• A seller is not liable in damages for an error or omission that was not within the seller’s actual knowledge (R.C. 5302.30(F)(1)). If a seller does not know an answer, the seller can write “unknown,” and the statute allows a good-faith approximation (R.C. 5302.30(E)).
• The form covers known material defects: non-observable conditions that could be dangerous or inhibit use of the property. The court held a publicly recorded, working sewer line is not a “defect.”
• Under the older caveat emptor doctrine, sellers had to disclose known hidden defects, but not obvious ones. Where the contract has an “as is” clause, the court said there is no common-law duty to disclose even hidden defects.
• Section 5302.30(J) keeps other duties in place: it does not limit any obligation to disclose that comes from another law, the common law, or the need to prevent fraud by misrepresentation or concealment.

For a specific dispute, talk to an Ohio attorney.

Federal lead-based paint rule for homes built before 1978

Separately from Ohio law, federal law applies to most housing built before 1978. Before a buyer signs a contract, the seller and the seller’s agent must (EPA):

1. give the buyer the Protect Your Family From Lead in Your Home pamphlet,
2. disclose any known lead-based paint or hazards and give the buyer any available reports,
3. include a Lead Warning Statement in the contract, and
4. give the buyer a 10-day period to test for lead-based paint, unless the buyer waives it or the parties agree to a different length in writing.

The federal rule does not apply to foreclosure sales or to housing built after 1977, and Ohio’s form does not replace the federal paperwork.

See also closing costs in Ohio, home-buying steps and the Columbus guide.