Updated October 2026. Ohio Revised Code 5302.30, Ohio Administrative Code 1301:5-6-10 and the Department of Commerce form checked on October 31, 2026.
Ohio law (R.C. 5302.30) makes most sellers of 1 to 4 unit homes give the buyer a signed copy of the state’s Residential Property Disclosure Form “as soon as is practicable.” The current form dates from June 1, 2022. As of October 2026, a buyer who gets it after signing can cancel within 3 business days.
Jump to: 📋 The 14 sections · ⏰ The 3-day window · 🚫 Who skips it · ⚖️ Buyer beware · ❔ Unknown answers · ❓ FAQ
Key takeaways
- The form asks only what you actually know. It isn’t a warranty, and you don’t have to inspect.
- Many questions ask about repairs, but only for the past 5 years.
- Hand the form over before you accept an offer and the buyer has no 3-day exit.
- Ohio keeps a 14-item list of sales that skip the form, including inherited homes the seller hasn’t lived in for a year.
What is the Ohio Residential Property Disclosure Form?
It’s a five-page state form, written by the Ohio Department of Commerce under rule 1301:5-6-10. The law behind it, R.C. 5302.30, has applied to home sales since July 1, 1993. It covers sales, land installment contracts, leases with an option to buy, exchanges and 99-year renewable leases.
The form’s own instructions are short. Answer all questions. Report the conditions you know about. Attach extra pages, signed, if you need room. Write “NA” for items that don’t apply and “Unknown” when a fact isn’t within your actual knowledge. The instructions also tell you to complete it yourself.
It applies whether or not you have an agent. If you’re selling on your own, our guide to selling an Ohio home without a realtor shows where the form fits in the rest of the sale.
What does each section of the Ohio form ask?
Sections A through N follow the same pattern: a yes or no question, then a line to describe the problem and any repairs. Here’s what each one covers, and what to dig out of your files before you sit down.
| Section | What it asks | Have this ready |
|---|---|---|
| A. Water supply | Public, private, well, cistern, spring or pond; leaks, quality, quantity | Water bills, well test results |
| B. Sewer system | Public sewer, septic, aeration tank and others; last inspection | Septic pumping or inspection report |
| C. Roof | Leaks or problems with the roof or gutters | Roofer invoices |
| D. Water intrusion | Basement or crawl space water, moisture damage, any mold inspection | Waterproofing warranty, mold report |
| E. Structural parts | Movement, cracks, settling; fire or smoke damage | Foundation repair records |
| F. Wood destroying insects | Termites, past damage, treatment | Pest control contract |
| G. Mechanical systems | 12 systems, from electrical to built-in appliances; leased softener or alarm | Service records, lease papers |
| H. Hazardous materials | Lead paint, asbestos, UFFI insulation, radon level, other toxins | Radon test, mitigation receipt |
| I. Tanks and wells | Underground tanks, oil or gas wells, old water wells, mineral leases | Lease or deed records |
| J. Flood plain and erosion | Flood plain, Lake Erie Coastal Erosion Area | Flood map printout |
| K. Drainage and erosion | Flooding, grading, settling problems | Drainage work receipts |
| L. Zoning, codes and fees | Code violations, historic district, assessments, HOA, SID or CID fees | Assessment notices, HOA statement |
| M. Boundaries | Boundary deals or disputes, shared driveway, party walls, encroachments | Survey, driveway agreement |
| N. Other known defects | Any hidden condition that could be dangerous or limit use of the home | Your own notes |
Two details catch Ohio sellers. Most repair questions say “but not longer than the past 5 years,” so you don’t need to recall a 1998 roof patch. The water intrusion and fire damage questions don’t carry that limit, so describe any repair you know of there.
Section J is Ohio-specific. Homes along Lake Erie can fall in a state-mapped Coastal Erosion Area, and the form asks you to say yes, no or unknown. Section L asks for current assessment amounts and monthly fees, so pull your HOA or special district statement before you start.
When can an Ohio buyer cancel over the disclosure form?
It depends on when the buyer got the form. The statute sets out three cases, and the form repeats them above the buyer’s signature line.
| When the buyer got the form | Can the buyer rescind? | Deadline |
|---|---|---|
| Before making an offer and signing the contract | No | None |
| After signing the contract, or an amendment after signing | Yes, in a signed, dated writing | 3 business days after receipt, and no later than 30 days after you accepted the offer or closing, whichever is first |
| Never | Yes, in a signed, dated writing | 30 days after you accepted the offer or closing, whichever is first |
If the buyer rescinds, you return the deposit, and you can’t sue them to force the sale. A buyer can also waive the right in writing. Our guide to drafting an Ohio FSBO contract shows where a receipt line fits in the purchase agreement.
The law lists four ways to deliver: in person to the buyer or their agent, ordinary mail, certified mail with a return receipt, or fax. Giving it to one co-buyer counts for all of them, unless the contract says otherwise. The buyer signs and dates a copy and returns it to you. Keep that copy with your closing papers.
Which Ohio home sales don’t need the disclosure form?
R.C. 5302.30(B)(2) lists 14 kinds of transfer that are exempt. Grouped, they look like this:
- Court and lender sales: court-ordered transfers (including probate court sales), deeds in lieu of foreclosure, foreclosure sales, power-of-sale transfers, and resales by the lender that took the home back.
- Estates and trusts: a transfer by a fiduciary running an estate, guardianship, conservatorship or trust.
- Family and co-owners: a transfer between co-owners, to a spouse or to a child or other direct descendant, and transfers between spouses under a divorce, dissolution or separation decree.
- Government: a transfer to or from the state, a town or another public body.
- New homes: a newly built home no one has lived in.
- Tenants buying: a sale to a buyer who has lived there as a home for at least 1 year right before the sale.
- Inherited homes: a sale by someone who inherited the home and hasn’t lived there in the year before the sale.
The last one is worth a second look. If you inherited a parent’s house and never moved in, the form may not apply. If you lived there within the past year, it does. Exempt or not, federal lead rules still apply to most homes built before 1978.
Is Ohio still a “buyer beware” state?
Partly. Ohio courts still apply the old doctrine of caveat emptor to structural defects. In Layman v. Binns (1988), the Ohio Supreme Court said it bars a buyer’s claim when three things are true: the problem was open to view or could be found on a reasonable inspection, the buyer had a free chance to inspect, and the seller committed no fraud. Ohio appeals courts still quote that test.
The disclosure law doesn’t erase it, but it narrows the room for silence. R.C. 5302.30(J) says the form doesn’t limit any duty to disclose under other laws, or the rules against fraud by misrepresentation, concealment or nondisclosure. In plain terms: you’re not on the hook for a cracked step the buyer could see, but hiding a wet basement behind fresh drywall is a different story.
The law also protects honest sellers. You’re not liable for an error that wasn’t within your actual knowledge. And if something changes after you hand over the form, like a storm-damaged roof, the change doesn’t put you in violation. You can amend the form in writing at any time, but an amendment after signing gives the buyer a new 3-day window. Our article on why home inspections matter explains what a buyer’s inspector usually checks.
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Buy a home →What if you don’t know an answer on the Ohio form?
Write “Unknown.” The form allows it, and the statute lets you give a good faith approximation when a fact is unknown, as long as you’re not using it to dodge the question. “Good faith” means honesty in fact.
Bought the house as a rental and never lived there? The form asks whether you occupy the home and since when, which tells the buyer how much you could know. Have a recent inspection, radon test or septic report? Mention it on the form and offer a copy. It helps the buyer and shows you answered with care.
What does the Ohio form leave to the buyer?
The last page is a list of things the seller makes no promises about. You don’t answer these, but buyers sometimes ask, so it helps to know them:
- Off-site conditions near the home.
- Megan’s Law notices. The sheriff sends neighbors written notice of registered sex offenders, and the buyer can ask the sheriff’s office.
- Abandoned underground mines. The Ohio Department of Natural Resources keeps an online map, and the buyer is told to check it.
- Radon, lead pipes and mold. Appendix A lists state and federal resources on each.
For homes built before 1978, federal law adds a lead paint disclosure, the EPA pamphlet and a 10-day chance for the buyer to test, unless they waive it. For the full by-owner paperwork list, see our checklist for selling without an agent.
Ready to list your Ohio home?
With the form done, you can go to market. Beycome puts Ohio homes on the major home search sites and the MLS for $99, with $0 at closing. Your listing goes on the MLS that covers your county, such as MLS Now, Columbus & Central Ohio MLS or Greater Cincinnati MLS. Ohio legal forms and disclosures are in your dashboard, and every package includes e-signature.
Curious what the conveyance fee will cost in your county? Our Ohio FSBO cost guide breaks it down. 22,000+ homeowners have used Beycome so far (Beycome internal data, October 2026). Start your Ohio listing.
Ohio seller disclosure questions
Is a seller disclosure required in Ohio?
Yes, for most sales of homes with 1 to 4 units. The seller completes the state Residential Property Disclosure Form and gives the buyer a signed, dated copy as soon as practicable.
Do I have to fill out the Ohio disclosure form if I sell by owner?
Yes. R.C. 5302.30 applies to every seller who isn’t exempt, with or without a real estate agent.
How long does a buyer have to back out after getting the disclosure in Ohio?
If the form arrives after the contract is signed, 3 business days from receipt, and never later than 30 days after acceptance or closing, whichever comes first.
Who is exempt from the Ohio disclosure form?
Exemptions include court and foreclosure sales, estate and trust fiduciaries, transfers between co-owners or to a spouse or child, divorce transfers, new homes never lived in, tenants of 1 year or more, and heirs who haven’t lived in the home for a year.
Can I sell my house as is in Ohio without a disclosure?
Selling as is doesn’t remove the duty. Unless an exemption applies, you still complete the form. As is only means you won’t make repairs.
What happens if an Ohio seller doesn’t give the form?
The sale isn’t void, but the buyer can rescind until 30 days after acceptance or closing, whichever is first, and get the deposit back. Fraud claims are still possible for hidden defects.
Does the Ohio form ask about mold?
It asks about water and moisture damage and whether you’ve had a mold inspection. It also tells buyers that every home contains some mold and suggests their own inspection.
Reviewed by Beycome Brokerage Realty LLC, licensed real estate brokerage (OH #REC.2025001306). Licenses: beycome.com/faq/how-to/are-you-a-licensed-broker/.
Prices were read on beycome.com on October 31, 2026 and may change. In Ohio, Basic is $99 and Enhanced is $399. Concierge is $999 until November 2, 2026 at 9 a.m. ET, then $1,399 (its list price). “$0 at closing” means no Beycome fee at closing. Transfer taxes or fees, title charges, other closing costs and any buyer’s agent pay you agree to still apply.
Statute and rule text from codes.ohio.gov, and the form from Appendix 1 to OAC 1301:5-6-10 (effective June 2022), read October 31, 2026. The Layman v. Binns test is quoted from Klasa v. Rogers, 2004-Ohio-4490 (8th Dist.).
This is general information, not legal or tax advice. Rules change and every sale has its own facts, so check with your title company or a Ohio real estate attorney for your situation.
Sources
- Ohio Revised Code 5302.30, Residential property disclosure form: codes.ohio.gov, read October 31, 2026.
- Ohio Administrative Code 1301:5-6-10, Residential property disclosure form (effective June 1, 2022): codes.ohio.gov, read October 31, 2026.
- Ohio Department of Commerce, Residential Property Disclosure Form, Appendix 1 (Eff. 6/2022), read October 31, 2026.
- Klasa v. Rogers, 2004-Ohio-4490, quoting Layman v. Binns, 35 Ohio St.3d 176 (1988): supremecourt.ohio.gov, read October 31, 2026.
- EPA, Real Estate Disclosures About Potential Lead Hazards, read October 31, 2026.
- Beycome, Flat Fee MLS Ohio (prices and Ohio MLS list), read October 31, 2026.
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