For Industry Professionals, Managers, Trades & Suppliers
J. NORMAN STARK, ATTORNEY and REGISTERED ARCHITECT
JURIS DOCTOR, B. ARCHITECTURE, B.F.A.
17000 St. Clair Avenue . Cleveland, Ohio 44110-2535
Tel.: (216) 531-5310 . Fax: (888) 833-5860 . E-Mail: www.Normstark@aol.com
In Florida . 6500 Midnight Pass Rd. #105 . Sarasota, FL 34242 . (941) 349-2061.
Real Property - Seller's Disclosure Statement
Ohio's Seller's Disclosure Statement is, in effect, a statutory affidavit. Requirements of disclosure, under Section
5302.30 R.C., effective on March 19,1993, 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
The new rules apply to ".any transfer of residential real property that occurs on or after July 1, 1993, by sale, land
installment contract, lease with option to purchase, exchange, or lease for a term of ninety-nine years and renewable
forever. For purposes of this section, a transfer occurs when the initial contract for transfer is executed, regardless
of when legal title is transferred."
The form requires ".a statement of the conditions of the property and of information concerning the property actually
known by the transferor; that, unless the transferee is otherwise advised in writing, the transferor, other than having
lived at or owning the property, possesses no greater knowledge than that which could be obtained by a careful
inspection of the property by a potential transferee; that the statement is not a warranty of any kind by the transferor
or by any agent or subagent representing the transferor in this transaction; that the statement is not a substitute for
any inspections; that the transferee is encouraged to obtain his/her own professional inspection; that the
representations are made by the transferor and are not the representations of the transferor's agent or subagent; and
that the form and the representations contained therein are provided by the transferor exclusively to potential
transferees in a transfer made by the transferor, and are not made to transferees in any subsequent transfers.
If a transferee of residential real property .does not receive a property disclosure form from the transferor after the
transferee has submitted to
the transferor or his agent or subagent a transfer offer and has entered into a transfer
agreement with respect to the property, the transferee may rescind the transfer agreement in a written, signed, and
dated document that is delivered to the transferor or his agent or subagent in accordance with this paragraph, without
incurring any legal liability to the transferor because of the rescission, including, but not limited to, a civil action
for specific performance of the transfer agreement. Upon the rescission of the transfer agreement, the transferee is
entitled to the return of, and the transferor shall return, any deposits made by the transferee in connection with the
proposed transfer of the residential real property. A transferee may not rescind a transfer agreement under this
paragraph unless he rescinds the transfer agreement by the earlier of the date that is thirty days after the date upon
which the transferor accepted the transferee's transfer offer or the date of the closing of the transfer of the
residential real property."
Not one shred of evidence supports the notion that life is serious.
AUTHOR / EDITOR: J. NORMAN STARK is an Attorney-at-Law, a Registered Architect, (AIA, NCARB) Registered
Landscape Architect, Interior Designer, Planner and Senior Appraiser (ASA), admitted to practice law before the Bar of
Ohio, the US District Courts, Ohio and Illinois (Central Dist.), the US Court of Appeals, and the United States Supreme
Court. He is a Mediator, Arbitrator and Litigator with experience in Business, Construction Law, and Public Works, and with
additional experience in Real Estate, Construction Attorney (Legal Project and Crisis Management), and as an Expert Witness
(Forensic Architect). His office is in Cleveland, Ohio.