home inspections and disclosure for unoccupied house

[PenelopeJ]

I'm in Ohio. My parents own a house that has been unoccupied for quite a few years. They don't know much about the condition of the house as they haven't lived there (they inherited it). They don't wish to hire a home inspector as they feel they would have to disclose any problems uncovered to a potential buyer. I am interested in buying the property myself, and I would like a home inspection done. If I pay for a home inspection, are my parents required to receive a copy of the home inspection, and would this then make them obligated to disclose the contents of the inspection to future buyers (if I decide not to buy the property myself)?

 

[Zigner]

Burying one's head in the sand is never a good idea...

Parents would be better off disclosing ALL known problems ahead of a sale, as opposed to defending a lawsuit after a sale.

ETA: Known can be understood to mean what is known, or what should reasonably be known.

 

[PenelopeJ]

I guess I should clarify something. I'm thinking that my parents are exempt from certain liabilities (under Ohio Seller's Disclosure Law) because of the following:

(2) This section does not apply to any transfer of residential real property that is any of the following:

A transfer from a transferor who both has not occupied the property as a personal residence within one year immediately prior to the transfer and has acquired the property through inheritance or devise.

Ohio Seller's Disclosure Law Law Summary and Law Digest

Of course, I'm not a lawyer. But they did indeed acquire the property through inheritance, and they have not occupied the property. So how much could they reasonably be expected to know about the property? They do have someone (besides me) who has expressed interest in the property and I believe he would accept the property as it is. He is a real estate agent himself, in fact he's *their* real estate agent, on a separate deal.

 

[Isis1]

I guess I should clarify something. I'm thinking that my parents are exempt from certain liabilities (under Ohio Seller's Disclosure Law) because of the following:

(2) This section does not apply to any transfer of residential real property that is any of the following:

A transfer from a transferor who both has not occupied the property as a personal residence within one year immediately prior to the transfer and has acquired the property through inheritance or devise.

Ohio Seller's Disclosure Law Law Summary and Law Digest

Of course, I'm not a lawyer. But they did indeed acquire the property through inheritance, and they have not occupied the property. So how much could they reasonable be expected to know about the property? They do have someone (besides me) who has expressed interest in the property and I believe he would accept the property as it is. He is a real estate agent himself, in fact he's *their* real estate agent, on a separate deal.

because it is THEIR property, they are responsible for knowing. ignorance is not an excuse. just because they don't use it, doesn't make them less responsible.

 

[Zigner]

I guess I should clarify something. I'm thinking that my parents are exempt from certain liabilities (under Ohio Seller's Disclosure Law) because of the following:

(2) This section does not apply to any transfer of residential real property that is any of the following:

A transfer from a transferor who both has not occupied the property as a personal residence within one year immediately prior to the transfer and has acquired the property through inheritance or devise.

Ohio Seller's Disclosure Law Law Summary and Law Digest

Of course, I'm not a lawyer. But they did indeed acquire the property through inheritance, and they have not occupied the property. So how much could they reasonable be expected to know about the property? They do have someone (besides me) who has expressed interest in the property and I believe he would accept the property as it is. He is a real estate agent himself, in fact he's *their* real estate agent, on a separate deal.

My prior answer stands.

You should consult with an attorney.

 

[FlyingRon]

I wouldn't buy a house without it being contingent on a professional inspection. Title insurance is my other absolute requirement, even if I was buying from my sainted aunt.

No you don't have to disclose the report to them, unless you wish to exercise some right in your purchase contract to either rescind the contract or force them to make repairs identified as being needed.