When an agent identifies a large vertical crack in the basement wall while showing a house, what is their duty regarding disclosure?

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In Ohio real estate practice, agents are generally required to disclose material defects that are not easily observable to potential buyers. A large vertical crack in the basement wall is considered a patent defect because it is visible and can be noticed upon inspection.

Therefore, while the agent has a responsibility to keep clients informed, the correct approach regarding this specific visible defect is that there is no duty to disclose it as a patent defect. This means the agent is not legally obligated to reveal information that is apparent and accessible.

In contrast, inspectors and agents typically need to disclose latent defects, which are hidden or not easily noticeable. Understanding the distinction between patent and latent defects is crucial for agents in determining their disclosure responsibilities under Ohio law. Thus, in this specific situation, the agent's duty is limited when it comes to visible issues like the crack in the wall.

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