Full question:
We were flooded in the basement (finished basement) and just found out that it flooded there about 20 years ago. We bought this home 5 years ago and this was never disclaimed to us in the property disclosure. How long does this have to be disclaimed? The person that signed the disclaimer states that there is no known defects, because she did not reside at the residence.
- Category: Real Property
- Subcategory: Residential Property Disclosure
- Date:
- State: Ohio
Answer:
Ohio statutes require disclosure of code violations when transferring real property. I suggest calling the local housing or building department, as disclosure requirements vary by local area. In order to prove fraud, there must be knowledge on the part of the defrauding person. Please see:
http://definitions.uslegal.com/r/real-estate-disclosures/
The following are Ohio statutes governing statutes of limitations:
2305.09 Four years - certain torts.
An action for any of the following causes shall be brought within four years after the cause thereof accrued:
(A) For trespassing upon real property;
(B) For the recovery of personal property, or for taking or detaining it;
(C) For relief on the ground of fraud;
(D) For an injury to the rights of the plaintiff not arising on contract nor enumerated in sections 1304.35, 2305.10 to 2305.12, and 2305.14 of the Revised Code;
(E) For relief on the grounds of a physical or regulatory taking of real property.
If the action is for trespassing under ground or injury to mines, or for the wrongful taking of personal property, the causes thereof shall not accrue until the wrongdoer is discovered; nor, if it is for fraud, until the fraud is discovered.
2305.06 Contract in writing.
Except as provided in sections 126.301 and 1302.98 of the Revised Code, an action upon a specialty or an agreement, contract, or promise in writing shall be brought within fifteen years after the cause thereof accrued.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
