property disclosure question

What is the name of your state? OHIO
Yesterday we signed a contract to purchase a home. We are waiting to hear if the offer has been accepted. Last week we had sceduled an appt. to see the house with the house listing agent. We were early and found three adults present cleaning out the garage. They said their parents had died a couple of years ago and they finally were ready to put the house on the market. We asked if we could look around and one of the daughters gave us a walk thru of the house with out the agent present. During this walk thru she said that the house has been vacant for well over a year. She and her siblings had lived there growing up but that was years ago. She told us that when the house was vacant that a pipe had leaked in the masterbath and had run for a considerable amount of time. They cleaned up and had repairs made. The house looks fine to us(if an offer is accepted we will certainly have a home inspection completed).
When we were signing papers I noticed there was nothing on the disclosure about the leak...the agent said that there was nothing on the PROPERTY DISCLOSURE about the leak, or any defects for that matter...because the children were not sellers of the house but were only the trustees(the house is in probate.) They could not attest to problems with the house because they never lived in it. My question is this. The leak occurred when no one was living in the house. The parents had already died and the house was vacant.The now adult children had grown up in the house and even took care of their parents before they died. The one daughter told us about the leak and vaguely about repairs. I'm sure they know more about this house and could provide more info on the property disclosure but the Real Estate agent says they can't due to legalities of them not being the sellers,but rather trustees.
Shouldn't they have to tell up about defects and repairs and such??

[HomeGuru]

Originally posted by bearakuta
What is the name of your state? OHIO
Yesterday we signed a contract to purchase a home. We are waiting to hear if the offer has been accepted. Last week we had sceduled an appt. to see the house with the house listing agent. We were early and found three adults present cleaning out the garage. They said their parents had died a couple of years ago and they finally were ready to put the house on the market. We asked if we could look around and one of the daughters gave us a walk thru of the house with out the agent present. During this walk thru she said that the house has been vacant for well over a year. She and her siblings had lived there growing up but that was years ago. She told us that when the house was vacant that a pipe had leaked in the masterbath and had run for a considerable amount of time. They cleaned up and had repairs made. The house looks fine to us(if an offer is accepted we will certainly have a home inspection completed).
When we were signing papers I noticed there was nothing on the disclosure about the leak...the agent said that there was nothing on the PROPERTY DISCLOSURE about the leak, or any defects for that matter...because the children were not sellers of the house but were only the trustees(the house is in probate.) They could not attest to problems with the house because they never lived in it. My question is this. The leak occurred when no one was living in the house. The parents had already died and the house was vacant.The now adult children had grown up in the house and even took care of their parents before they died. The one daughter told us about the leak and vaguely about repairs. I'm sure they know more about this house and could provide more info on the property disclosure but the Real Estate agent says they can't due to legalities of them not being the sellers,but rather trustees.
Shouldn't they have to tell up about defects and repairs and such??

**A: they should, but the law has an exemption.

[Souix]

Even if they signed an Exemption, they still need to disclose material defects. It should state that on the Disclosure form the seller signed.

[HomeGuru]

[quote]Originally posted by Souix
[b]Even if they signed an Exemption, they still need to disclose material defects. It should state that on the Disclosure form the seller signed.

**A: the parties to the contract do not sign an exemption. The Ohio real property disclosure law exempts the estate (property Seller) from disclosure. Pursuant to the law, they need not disclose anything because they (trustees) are not the Seller. The Seller is the estate.
In light of this, it would be prudent for the thread writer to request further documentation and inspections etc.

The way I see it, there's nothing to disclose. There was a leak in the past and it was fixed and the damage repaired. End of story.
It's not a recurring problem, just a one time thing. If the basement leaked with every heavy rain storm, then that would have to be disclosed.

[Souix]

Originally posted by TheSkipper
The way I see it, there's nothing to disclose. There was a leak in the past and it was fixed and the damage repaired. End of story.
It's not a recurring problem, just a one time thing. If the basement leaked with every heavy rain storm, then that would have to be disclosed.

**On real property disclosures under the plumbing section, the questions usually are "have you ever had a leak in the plumbing in the past" if the answer "yes" check here if "no" check here. If they corrected the problem they usually explain how it was corrected on a separate sheet of paper. In this case, they are exempt from any kind of disclosure**

[HomeGuru]

Skipper and Souix, both of you are missing the point.
Read my response to the writer again.

[Souix]

Originally posted by HomeGuru
Skipper and Souix, both of you are missing the point.
Read my response to the wrtier again.

**No no you misunderstand, I was only responding to The Skipper's post. I understand your's completely

[HomeGuru]

Originally posted by Souix
**No no you misunderstand, I was only responding to The Skipper's post. I understand your's completely

**A: please read my response to the writer again.

[Souix]

Originally posted by HomeGuru
**A: please read my response to the writer again.

Why? I understand your post. If that is the law in Ohio then so be it.

[HomeGuru]

There are 2 issues here.
1. disclosure need not be made since the Seller is an estate and therefore exempted from disclosure pursuant to Ohio real estate disclosure law.
2. even if there was no exemption, the statement by Skipper that there is nothing to disclose is incorrect. Past defects in a property even if repaired, are required to be disclosed.