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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Are carpet stains required by law to be disclosed in Ohio,

Resolved Question:

Are carpet stains required by law to be disclosed in Ohio, why or why not ?
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

This depends on what the underlining matter is. Is this a sale of a property? Or a landlord/tenant situation? Can you please tell me more about what has happened in general?
Customer: replied 11 months ago.

Sale of a property. Sellers had a throw rug covering a stain (was not intentional) rug has been there for years. During the home inspection, the inspector moved the rug and found the stain. The buyers are under the impression that the sellers were hiding the stain and are indicating the stain should have been disclosed on the property disclosure.

Expert:  Ely replied 11 months ago.
Thank you. What kind of stain and on what kind of surface? Could the stain be washed out?
Customer: replied 11 months ago.

Red Koolaid stain on carpet about 8 inches square. Yes, the stain has already been washed out.

Expert:  Ely replied 11 months ago.
Thank you.

No, they do not have to disclose this. This is because the disclosure form is meant for THE PROPERTY AND FIXTURES. The property is the home itself, and fixtures are items that are installed into the property and have become part of the property.

CHATTEL is everything else. Chattel is not part of the disclosure process.

In addition, the stain was already washed out, so whatever claim there could have been about this no longer exists because the matter was remedied. The point of a case is to make the Plaintiff "whole." Here, the matter has already been remedied.

As such, while what they did was arguably unethical, it was not illicit.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87219
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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