J
johnzcamaro
Guest
I don't understand how this buyer could prove have a legitimate claim as you state. I found the following Ohio law interpretation from an Ohio Real Estate attorney with respect to residential disclosures:
Although Ohio R.C. 5302.30 created a new duty requiring some sellers to disclose defects of which they have actual knowledge, the statute did not include any penalty for a seller's failure to disclose defects. The statute does not prescribe any penalty for misrepresenting, either intentionally or inadvertently, a condition that appears on the property disclosure form. For this reason, the law requires that the purchaser prove that the seller committed a fraudulent nondisclosure. Fraudulent nondisclosure requires the following elements: (a) a representation or, where there is a duty to disclose, concealment of a fact, (b) which is material to the transaction at hand, (c) made falsely, with knowledge of its falsity, or with such utter disregard and recklessness as to whether it is true or false that knowledge may be inferred, (d) with the intent of misleading another into relying upon it, (e) justifiable reliance upon the representation or concealment, and (f) a resulting injury proximately caused by the reliance. Key: Even though a seller failed to disclose a known defect required to be disclosed on the Seller Disclosure Form , the purchaser may not be entitled to any damages if the defect was capable of being observed or discoverable upon a reasonable inspection.
The bottom line is we didn't disclose any defects because we didn't know of any. Don't you think the buyer would have a difficult time proving all the above factors? Are we not innocent until proven guilty? Finally, do you feel it would be in our best interest to settle or risk going to court if he files a complaint? Thanks!
Although Ohio R.C. 5302.30 created a new duty requiring some sellers to disclose defects of which they have actual knowledge, the statute did not include any penalty for a seller's failure to disclose defects. The statute does not prescribe any penalty for misrepresenting, either intentionally or inadvertently, a condition that appears on the property disclosure form. For this reason, the law requires that the purchaser prove that the seller committed a fraudulent nondisclosure. Fraudulent nondisclosure requires the following elements: (a) a representation or, where there is a duty to disclose, concealment of a fact, (b) which is material to the transaction at hand, (c) made falsely, with knowledge of its falsity, or with such utter disregard and recklessness as to whether it is true or false that knowledge may be inferred, (d) with the intent of misleading another into relying upon it, (e) justifiable reliance upon the representation or concealment, and (f) a resulting injury proximately caused by the reliance. Key: Even though a seller failed to disclose a known defect required to be disclosed on the Seller Disclosure Form , the purchaser may not be entitled to any damages if the defect was capable of being observed or discoverable upon a reasonable inspection.
The bottom line is we didn't disclose any defects because we didn't know of any. Don't you think the buyer would have a difficult time proving all the above factors? Are we not innocent until proven guilty? Finally, do you feel it would be in our best interest to settle or risk going to court if he files a complaint? Thanks!