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Property disclosure forms from previous seller

Hello,
I'm interested in purchasing a house in Ohio (Lorain County).  The current homeowner has owned the property for only 3 months.  The property disclosure forms he completed indicates he has no knowledge of any problems with the house.  Since he's only been there a short time, I would guess he hasn't seen anything wrong.  However, I'd like to see the previous seller's disclosure form.  I asked the seller's agent to provide it and he refused (he brokered the current owner's purchase of the house).  Is he required to provide it on request?  If not, are these stored somewhere that I can find them myself?
  • July 22 2013 - Lorain
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Answers (5)

Though the seller is required by law to provide information "based on seller's CURRENT ACTUAL KNOWLEDGE of the property, the information contained .... is true and accurate." in Oklahoma the form continues to say "The purchaser is urged to ....... have the property inspected by a licensed expert."

In Oklahoma you have 10 days normally to conduct inspections after the offer has been excepted.

 The reason you hire a Home Inspector is to find out the condition of the systems and components of the house. Then you will decide if there is anything out of ordinary and by contract "in the sole opinion of the buyer, results of investigations......., the buyer may cancel the contract."

Normally there won't be any major defects that will make the buyer walk but you might have items like broken seals in windows or even roof repairs and all of these items can be addressed again by contract in the "Treatments, Repairs and Replacements TRR". 

Best of luck to you, Tim
  • July 28 2013
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If the home was previously listed through the agent and on the MLS the expired listing should have the old disclosure attached as a PDF.
Ask your buyers agent to download that and send to you.

  • July 22 2013
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Profile picture for MountJuliet
I agree with Terry Graf - write a special stipulation in the offer to purchase requiring them to provide the former owners property condition disclosure within a specific period of time.  Say something like Seller to provide former owners' PCD within 48 hours of binding agreement date or Buyer has the right to terminate the offer with all earnest money returned to Buyer.  

You to cancel the agreement if it's not provided but you have the choice to say in the deal or walk away.  This is all dependent upon your state's regulations and laws.  Every state is different.

One thing you said caught my attention...You asked the Seller's Agent.  Allow me to suggest you engaging a Buyer's Agent to represent your interest.  Sounds like you're on track to a degree but a good buyer's agent could save you time, money and frustration.

Best,

Bob Sorey 
  • July 22 2013
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Thanks for your response.  We plan on doing an inspection and the sale of the home is contingent on a good inspection that the sellers agree upon.  I'm more concerned about things the inspector can't see that may or may not have been fixed (and might have been disclosed to the previous buyer), such as flooding, sewer backup, leaky roof, etc.
  • July 22 2013
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You can chase the rabbit around the hole for that old disclosure but you really should just go head and order a pre inspection prior to your offer if the seller has nothing to offer.  Or go ahead and make the offer contingent upon your new inspection.  THAT way with your chosen  inspector you will have a complete updated report to discuss with the seller for repairs.
Good Luck with your purchase.

  • July 22 2013
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