If you’ve sold a home in Ohio, you’re probably familiar with the Residential Property Disclosure Form. It asks about everything from roof leaks and water intrusion to structural problems and mechanical systems.
But how much does a seller actually have to disclose?
The basic rule is fairly straightforward: Ohio sellers are generally required to disclose certain material conditions they actually know about. They’re not expected to be home inspectors or go searching for problems they don’t know exist.
A recent Ohio Supreme Court case helps explain where that responsibility ends.
The Sewer Line Nobody Disclosed
In Ashmus v. Coughlin, decided by the Ohio Supreme Court in 2025, buyers agreed to purchase a lakefront property in Bay Village. They planned to demolish the existing house and build a new home elsewhere on the lot.Then they discovered a sanitary sewer line running through the property in a location that interfered with their building plans. The seller hadn’t identified the sewer line as a material defect on the disclosure form, and the buyers argued that it should have been disclosed.
The Ohio Supreme Court disagreed. The sewer line was functioning normally and was reflected in publicly recorded documents. It became a problem because of the buyers’ particular plans for the property—not because there was something physically wrong with the property.
The case makes an important point: Something can interfere with what a buyer wants to do with a property without necessarily being a defect the seller was required to disclose.
If you’re buying a home because you want to add a pool, construct an addition or build another structure, your due diligence may need to include zoning, easements, setbacks and deed restrictions—not just a home inspection.
What About Something the Seller Doesn’t Know About?
Ohio’s disclosure requirements are based largely on the seller’s actual knowledge. Suppose there’s a slow plumbing leak hidden inside a wall. The seller has never seen water, staining or any other indication of a problem. If the leak is discovered after closing, that doesn’t automatically mean the seller failed to disclose it. Sellers generally aren’t responsible for disclosing defects they genuinely don’t know exist.
That’s very different from knowing about a serious problem and intentionally failing to disclose it—or attempting to conceal it.
What If the Problem Was Repaired? This is where sellers should be careful.
If your basement leaked three years ago and you had it professionally waterproofed, don’t automatically assume you can leave it off the disclosure because the problem was fixed. Ohio’s disclosure form asks about certain previous conditions and repairs as well as current problems. Read each question carefully and answer what it actually asks.
Sometimes providing more information can actually reassure a buyer: “Water intrusion occurred in 2023. Professional waterproofing system installed. No known water intrusion since repair.”
That’s often less concerning than a buyer discovering evidence of previous water damage during an inspection and wondering why it wasn’t mentioned.
Buyers Still Have Homework to Do
The Residential Property Disclosure Form isn’t a warranty, and it isn’t a substitute for an inspection. The disclosure tells buyers what the seller knows. An inspection can help uncover what the seller doesn’t know. And sometimes buyers need to investigate beyond the physical condition of the house.
The Ashmus case is a perfect example. A traditional home inspection wouldn’t necessarily answer whether a buyer could construct a new home in a particular location on the lot. If something is especially important to your plans for a property, investigate it before closing.
The Bottom Line
Ohio sellers aren’t expected to guarantee that their homes are problem-free. They are expected to honestly disclose certain material conditions they actually know about. Buyers have responsibilities, too.
Perhaps the easiest way to remember it is: Sellers should disclose what they know. Buyers should investigate what they need to know. And when you’re unsure about whether something should be disclosed, asking your real estate professional—and, when appropriate, an attorney—is a lot easier than dealing with the question after closing.
This article is for general informational purposes only and isn’t intended as legal advice. Buyers and sellers with questions about their specific circumstances should consult a qualified Ohio attorney.
