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1. Why do I need to file a Certificate of Disclosure?

To inform the buyer and seller about any existing open violation notices on a property that require resolution. The transfer or sale of a property in the City of Dayton does not remove violations from a property.

2. How can I determine if my property requires a Disclosure?

To determine whether or not you need to file a City of Dayton Disclosure Form, look at the parcel identification number. If the parcel identifier begins with R72 (for example, R72-12356-1234) or R726 (for example, R726-12345-1234), then the property is in the City of Dayton and a Certificate of Disclosure Form needs to be filed.

3. If there are open violations, can I sell the property?

Yes. The Disclosure is to inform the purchaser of open violations that require compliance. It is not meant to stop the sale of a property.

4. Are certain property transfers or sales exempt from filing a disclosure?

Yes. The exceptions are one of three types of property transfer sales. For a list of the three types and a brief description view the Disclosure Exempt page.

5. What do I need to do to fulfill the Disclosure requirements?

Within 7-10 business days before closing on the sale of the property, the City should be contacted requesting violation information (usually done by the title company) and any pending bills or fees to be provided to them by the City. For email instructions please view the Fulfill Disclosure Requirements page.

6. I’ve done the research. What do I do with the form now?

If there are no open housing code violations, the form can be faxed in after being signed by the purchaser. If there is an open violation, the Disclosure Form should reflect the violation/structural nuisance status on pg. 2 AND a $60 fee must be submitted with the form. The $60 is a flat fee and not per violation.

7. Who needs to sign the Certificate of Disclosure and why?

If a property has no violations, the Seller signs and provides the Buyer's contact information. If a property has open violations, the Seller signs and the Buyer signs (must be notarized). With open violations, the Buyer and Seller sign the Disclosure to acknowledge that any open violation notices have been disclosed and the violations will either be corrected prior to the sale or the Buyer is agreeing to make the listed repairs within 90 days.

8. What happens after I file the Disclosure?

The title agency or Seller will receive an email, provided an email is included on the Disclosure form, confirming receipt of the Disclosure. If there are problems with the Disclosure, the City will contact you.