Legal Question in Real Estate Law in Ohio

real estate disclosure question

Last march the power in our house failed and our sump pump allowed a small amount of water that covered only a small area of our floor into the basement. I replaced the carpet/padding and had the entire basement professionally dried/cleaned. I did not list this in the disclosure because I thought the problem was completly resolved and I didn't have a basement prob. but a temporary sump pump problem. The new owners found out and are sueing me to take the house back. Can this really happen?


Asked on 10/14/08, 9:16 pm

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: real estate disclosure question

Dear Concerned Sellers: You must now prepare to defend yourself against this kind of attack. The truth is your best defense. Have you any photos of the original damage, i.e. water seepage? Have you adequate records of the date of the power failure, etc.?

Retain an experienced attorney to defend and guide you, from this kind of unwarranted claim. You were not required to disclose any temporary sump pump failure under Revised Code Section 5302.30 R.C., which only requires sellers of residential real property to make honest, full disclosure, ��in good faith�� , of all known defects, in writing, in an affidavit form, signed by the Sellers and presented to Purchasers.

Your purchasers had an adequate opportunity to inspect the proeprty before purchase and to inquire regarding the newly laid carpet, etc.

Retain counsel ASAP.

Good luck.

Sincerely, J. Norman Stark, Cleveland, OH.

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Answered on 10/14/08, 9:31 pm


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