OHIO RESIDENTIAL REAL ESTATE DISPUTES
COLUMBUS, OHIO ATTORNEY
Most residential real estate sales result in both the buyer and seller being satisfied with the transaction. However, on occasion buyers may find themselves in a situation where a significant defect in the property was not disclosed and was not discovered prior to the purchase. Similarly, sellers may find themselves being accused of failing to properly disclose a defect that they may not have even known about.
Generally, the law precludes recovery in a claim by the buyer for a defect in real estate where the buyer had the unimpeded opportunity to examine the premises, the condition complained of was open to observation or discoverable upon reasonable inspection, and when there is no fraud on the part of the seller. Thus, the buyer is responsible for discovering obvious defects, while the seller only has a duty to disclose material defects that are not readily observable or discoverable upon a reasonable inspection.
Further, buyers cannot simply rely on the representations of a seller if the buyer is placed on notice of the potential defect. Rather, once alerted to a possible defect, a buyer has a duty to either make further inquiry of the owner or seek the advice of someone with the knowledge to accurately evaluate the defect.
If you are a buyer who believes a defect was not properly disclosed to you, or a seller who is being accused of failing to have disclosed a defect, please feel free to contact me at 614-654-5404 to discuss your rights.