Can I Sell "As Is"? The Truth About Ohio Disclosure Laws

By Adam Martin Team Lead, Loxley Martin | Top-Rated Dayton & Greene County Realtor

It’s a phrase I hear often from sellers who are tired, busy, or dealing with an inherited property: "Adam, I don't want to fix anything. Let's just sell it 'As Is'. That way I don't have to tell them about the basement, right?"

Wrong.

This is the single most dangerous misconception in Ohio real estate. Sellers confuse "selling as-is" (negotiation terms) with "non-disclosure" (legal fraud). In Dayton and Greene County, trying to hide a defect behind an "As Is" label is the fastest way to end up in a courtroom.

Here is the legal reality of what you must disclose, what you can keep to yourself, and how to sell a property with issues without getting sued.

The "As Is" Myth

In Ohio, listing a home "As Is" simply means you are not willing to make repairs. It tells the buyer: "What you see is what you get. The price reflects the condition. Don't ask me to fix the roof."

It does NOT mean you can hide the fact that the roof leaks. Even in an "As Is" sale, you are legally required to complete the state-mandated Residential Property Disclosure Form. If you know about a material defect—like a crack in the foundation or a history of flooding—and you fail to list it on that form, you are committing fraud.

The "Caveat Emptor" Shield (And Its Holes)

Ohio is a "Caveat Emptor" (Buyer Beware) state. Historically, this protects sellers. It says that it is the buyer's job to inspect the home and find the problems. Once they close, the house is their problem.

BUT... there is a massive exception: Fraudulent Concealment. If a buyer can prove that you:

1. Knew about a problem (e.g., neighbors testify they saw you pumping water out of the basement last year).
   
   
2. Deliberately hid it (e.g., you stacked boxes in front of the crack or didn't check the box on the disclosure form).
   
   
3. The buyer couldn't have easily found it (e.g., it was behind drywall).
   
   

Then "Buyer Beware" goes out the window. You can be sued for the cost of repairs, legal fees, and damages—even years after the sale.

The "Past Repairs" Trap

"Adam, we fixed the roof leak three years ago. Do I still have to disclose it?"

Yes. Absolutely. You should disclose that there was a leak and that it was repaired. Why?

1. Trust: It shows you were a responsible homeowner who took care of the house.
   
   
2. Protection: If the repair fails two months after closing, you can point to the disclosure and say, "I told you it had been repaired. You accepted that." If you say nothing and it leaks, the buyer will claim you hid a recurring issue.
   
   

What You Don't Have to Disclose

You only have to disclose known issues. You are not expected to be a structural engineer. You don't have to climb on the roof or look inside the walls. If you genuinely don't know if the chimney has a liner, you check "Unknown." Never guess. Guessing gets you in trouble. If you aren't sure, say "Unknown."

Adam’s Strategy: The "Over-Disclosure" Defense

When I list a home, I encourage my sellers to over-disclose. If the basement gets damp during heavy storms, write it down. If the dishwasher makes a weird noise, write it down.

Why? Because a buyer cannot sue you for something you told them about. If we disclose everything upfront, we price the home accordingly. The buyer signs the disclosure acknowledging they know about the damp basement. You are now bulletproof.

Selling "As Is" is a valid strategy for inherited homes or "fixer-uppers," but it requires more honesty, not less.

Afraid of What to Disclose?

Don't navigate the legal paperwork alone. One wrong checkmark can cost you thousands. I review your property disclosure line-by-line to ensure you are protected while still positioning your home to sell for top dollar.

👉 Sell Safe. Send me a message or DM "LEGAL" for a confidential consultation on your property's condition