Section 4735.55 | Written agency agreements.
(A) As used in this section:
(1) "Residential real property" has the same meaning as in section 5302.30 of the Revised Code.
(2) "Residential premises" has the same meaning as in section 5321.01 of the Revised Code.
(B) Prior to marketing or showing a seller's residential real property, making an offer to purchase residential real property on behalf of a purchaser, or making an offer to lease a residential premises on behalf of a purchaser for a term exceeding eighteen months, a licensee shall enter into a written agency agreement that contains all of the following:
(1) An expiration date;
(2) A statement that it is illegal, pursuant to the Ohio fair housing law, division (H) of section 4112.02 of the Revised Code, and the federal fair housing law, 42 U.S.C.A. 3601, as amended, to refuse to sell, transfer, assign, rent, lease, sublease, or finance housing accommodations, refuse to negotiate for the sale or rental of housing accommodations, or otherwise deny or make unavailable housing accommodations because of race, color, religion, sex, familial status as defined in section 4112.01 of the Revised Code, ancestry, military status as defined in that section, disability as defined in that section, or national origin or to so discriminate in advertising the sale or rental of housing, in the financing of housing, or in the provision of real estate brokerage services;
(3) A statement defining the practice known as "blockbusting" and stating that it is illegal;
(4) A copy of the United States department of housing and urban development equal housing opportunity logotype, as set forth in 24 C.F.R. 109.30, as amended;
(5) A statement that the licensee is appointed as an agent of the client, and an indication of whether the agency relationship is exclusive or nonexclusive;
(6) The terms by which the real estate broker is to be compensated ;
(7) A conspicuous statement that broker fees and commissions are not set by law, are fully negotiable, and may be paid by the seller, the buyer, the landlord, the tenant, or a third party, or by sharing or splitting the fees and commissions between brokers.
(C) Each written agency agreement shall contain a place for the licensee and the client to sign and date the agreement.
(D) A licensee shall furnish a copy of any written agency agreement to a client in a timely manner after the licensee and the client have signed and dated it.
Last updated August 14, 2024 at 10:32 AM
Available Versions of this Section
- September 29, 2011 – House Bill 153 - 129th General Assembly [ View September 29, 2011 Version ]
- October 24, 2024 – Amended by House Bill 466 - 135th General Assembly [ View October 24, 2024 Version ]