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When In Doubt, Disclose!
If you have ever sold a home, you will probably remember filling out a form called the Residential Property Disclosure. A seller is required by Ohio state law to disclose any known defects in their home. If the home was built prior to 1978, you are also required to fill out a form called the Lead Based Paint Disclosure, disclosing whether you have any knowledge of lead-based paint in the home. (Since manufacturers stopped using lead-based paint in the late 70's, this is not an issue in newer homes.) Buyers must also sign these forms acknowledging that they have reviewed them.
However, what if there are issues that are not specifically covered in the required forms? What if there is a situation that you feel may affect the marketability of your home and you are afraid of putting off potential buyers? Do you need to disclose?
In the case of a death in the home, for instance, Ohio law does not require a seller to disclose this. Some states require disclosure if it is a violent death or a suicide, but Ohio does not. The same goes for any crimes that may have been committed in the home. Since it is likely that your neighbors know this information, chances are the buyer will find out, eventually. If you are concerned about it, it's probably worth mentioning. A buyer may not care, but should certainly have the opportunity to make a fully informed decision. Ethically, (even if not required by law) disclosure of this information is advised.
As always, discuss your concerns with your Realtor prior to listing your home. He or she will point you in the right direction and may even refer you to a real estate attorney for further guidance, if necessary.
Do not hesitate to reach out to me with questions or concerns. As your trusted real estate professional, I'm always here to help!
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