North Canton, OH asked in Real Estate Law for Ohio

Q: How long do I have to pursue seller for misrepresentation and fraud on property disclosure form ?

Seller 3/17 did not disclose any defects

Termite active infestation and buyers perceived significant steps to hide damage resulting in $40k+ repairs and treatment

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3 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: Four years for fraud. See this link: http://codes.ohio.gov/orc/2305

Matthew Williams
Matthew Williams
Answered
  • Cleveland, OH
  • Licensed in Ohio

A: You have 4 years to pursue a fraud claim, longer if you can show the fraud was the reason something wasn’t discovered sooner. But it’s clearly in your best interest to pursue something like this ASAP.

Bruce Martin Broyles
Bruce Martin Broyles
Answered
  • Lancaster, OH
  • Licensed in Ohio

A: The failure to disclose on the seller's property disclosure statement provides limited remedies and a very limited time period. I believe the remedy is to rescind the contract; rent to the home for the return of your money. However, active concealment is fraud. You have four (4) years from the date that you discovered the fraud in order to bring a lawsuit.

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