(A) A licensee shall disclose to any purchaser all material facts of which the licensee has actual knowledge pertaining to the physical condition of the property that the purchaser would not discover by a reasonably diligent inspection, including material defects in the property, environmental contamination, and information that any statute or rule requires be disclosed. For purposes of this division, actual knowledge of such material facts shall be inferred to the licensee if the licensee acts with reckless disregard for the truth.
(B) A licensee is not required to discover latent defects in the property or to advise on matters outside of the scope of the knowledge required for real estate licensure, or to verify the accuracy or completeness of statements made by the seller, unless the licensee is aware of information that should reasonably cause the licensee to question the accuracy or completeness of such statements.
(C) Nothing in this section limits any obligation of a seller to disclose to a purchaser all material facts known by the seller pertaining to the physical condition of the property, nor does it limit the obligation of the prospective purchaser to inspect the physical condition of the property.
(D) Nothing in this section limits any obligation of a purchaser to disclose to a seller all material adverse facts known by the purchaser pertaining to the purchaser's financial ability to perform the terms of the transaction.
(E) No cause of action shall arise on behalf of any person against a licensee for disclosing information in compliance with this section, unless the information is materially inaccurate and the disclosure by the licensee was made in bad faith or was made with reckless disregard for the truth.
Notes of Decisions
Cited in 7
cases (3 in the last 5 years), 2012–2026 · leading case: Shannon v. Fischer, 2020-Ohio-5567.
Shannon v. Fischer, 2020-Ohio-5567. · cites it 3דThe Complaint alleged the following causes of action: 1) negligence and negligent misrepresentation against the Fischers, Deborah, and Keller Williams, 2) fraud against the Fischers, 3) breach of contract against the Fischers, 4) violations of R.C. 4735.67 against Deborah and…”
Troja v. Pleatman, 2016-Ohio-7683, 65 N.E.3d 809. “{¶10} R.C. 4735.67 provides that: (A) A licensee shall disclose to any purchaser all material facts of which the licensee has actual knowledge pertaining to the physical condition of the property that the purchaser could not discover by a reasonably diligent inspection,…”
Blough v. Smythe Cramer, Co., 2012-Ohio-2373. · cites it 3ד{¶24} Appellants argue that Appellees owed Blough a fiduciary duty individually under R.C. 4735.67. R.C. 4735.67 requires a licensed real estate broker to disclose all material facts related to a property to the purchaser.”
Pascoe v. Detke, 2026-Ohio-1971. · cites it 12דThe Pascoes brought the following nine causes of action: Count One — fraudulent inducement against Detke; Count Two — fraudulent misrepresentation against Detke; Count Three — negligent misrepresentation against Detke; Count Four — breach of contract against Detke; Count Five —…”
Wightman v. Ohio Real Est. Comm., 2017-Ohio-756, 85 N.E.3d 1061. · cites it 2ד18, PREDICATED UPON R.C. 4735.67(A). I. Facts and Case History {¶ 2} Kenneth Wightman, a licensed real estate sales person, was involved in the sale of a condominium to Rachel Boggs.”
Oro BRC4, LLC v. Silvertree Apts., Inc., No. 2:19-cv-04907 (S.D. Ohio Jan. 19, 2021). · cites it 6דAdditionally, Oro argues that its claim of fraudulent concealment of rent concessions as to Borror Properties should remain because Borror Properties had an independent statutory duty of disclosure.”
Holland v. Jones, 2024-Ohio-2398. “On March 27, 2023, Appellants filed a complaint against Appellee alleging Fraudulent Misrepresentation, Breach of Contract, Conversion, and “Breach of Statutes” R.C. 4735.67 and R.C. 5302.30. Appellants alleged, inter alia, that Appellee had painted and sealed the basement walls…”
Ohio Rev. Code § 4735.67(A): 3 cases
Wightman v. Ohio Real Est. Comm., 2017-Ohio-756, 85 N.E.3d 1061. “18, PREDICATED UPON R.C. 4735.67(A). I. Facts and Case History {¶ 2} Kenneth Wightman, a licensed real estate sales person, was involved in the sale of a condominium to Rachel Boggs.”
Pascoe v. Detke, 2026-Ohio-1971. “The Pascoes brought the following nine causes of action: Count One — fraudulent inducement against Detke; Count Two — fraudulent misrepresentation against Detke; Count Three — negligent misrepresentation against Detke; Count Four — breach of contract against Detke; Count Five —…”
Oro BRC4, LLC v. Silvertree Apts., Inc., No. 2:19-cv-04907 (S.D. Ohio Jan. 19, 2021). “Additionally, Oro argues that its claim of fraudulent concealment of rent concessions as to Borror Properties should remain because Borror Properties had an independent statutory duty of disclosure.”
Ohio Rev. Code § 4735.67(B): 1 case
Pascoe v. Detke, 2026-Ohio-1971. “The Pascoes brought the following nine causes of action: Count One — fraudulent inducement against Detke; Count Two — fraudulent misrepresentation against Detke; Count Three — negligent misrepresentation against Detke; Count Four — breach of contract against Detke; Count Five —…”
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