In case of undisclosed latent defects, who is liable if the listing agent does not inform the buyer of a leaky basement?

In the context of real estate transactions in Ohio, undisclosed latent defects refer to issues with a property that are not readily observable and that the seller fails to disclose. When it comes to the scenario of a leaky basement, the seller is primarily responsible for disclosing any known defects or issues with the property to potential buyers.

The seller has a legal obligation to provide property disclosures, which are intended to ensure that buyers have all necessary information to make informed decisions. If the seller is aware of the leaky basement but does not disclose it, they can be held liable for any resulting damages, as they have breached their duty of disclosure.

While the listing agent has a role in facilitating communication about the property, their liability in this situation is typically secondary to that of the seller. Unless the listing agent had knowledge of the defect and failed to inform the buyer, their liability would not be as direct. Thus, in the case of undisclosed latent defects, the seller is primarily accountable for failing to disclose the issue, making them the primary party liable in this situation.