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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102597
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,

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Are carpet stains required by law to be disclosed in Ohio, why or why not ?
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 4 years 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.

Thank you. What kind of stain and on what kind of surface? Could the stain be washed out?
Customer: replied 4 years ago.

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

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.

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