(A) The written company policy required under section
4735.54 of the Revised Code shall be available to all affiliated licensees and,
at a minimum, address the following information and be applicable to all
offices of the brokerage:
(1) The types of agency relationships the
affiliated licensees of the brokerage may establish including an explanation of
each agency relationship authorized and whether any dual agency relationships
are permitted;
(2) A current list of positions in the
brokerage, if any, which are designated by the brokerage as principal brokers,
and management level licensees;
(3) The procedure to be followed for an
affiliated licensee to be appointed to represent the client of another
affiliated licensee, including the procedure for giving prior notification and
obtaining approval of the client for this representation;
(4) The type of agency relationship that
shall be established and the disclosures that shall be made when licensees are
handling real estate transactions involving persons with whom they have a
personal, business, or familial relationship;
(5) The type of agency relationship that
shall be established and the disclosures that shall be made when licensees are
handling real estate transactions involving themselves or any affiliated
licensee as a party to the transaction;
(6) The procedures to be followed to
ensure that confidential information is not disclosed in violation of the
licensee's agency duties. These procedures shall include those steps
affiliated licensees are required to follow to protect confidential information
from being disclosed to other licensees within the brokerage who are not bound
by the agency relationship. This policy must address the
following:
(a) Office files;
(b) Computerized records and messages;
(c) Office meetings and discussions;
(d) Facsimile transmissions;
(e) Telephone messages, inter-office messages, and any kind
of conversations;
(f) Meetings and conversations with clients;
(g) Internet websites including social networking sites and
blogs.
(7) If the brokerage practices dual
agency, the procedures to be followed by a licensee in the event any of the
following occurs:
(a) A party to a real estate transaction refuses to consent
to dual agency;
(b) A party to a real estate transaction seeks to terminate
an agency relationship as the result of an attempt to create a dual agency
relationship;
(c) There is a material change to any of the information
that was previously disclosed to any party prior to obtaining full consent to
the dual agency.
(8) The procedures to be followed by a
licensee who wishes to change an agency relationship, to include but not be
limited to procedures for securing the written consent of the client(s) to such
change; and,
(9) The types of cooperation, and
explanation thereof, which are offered other brokerages,
including:
(a) Whether the brokerage offers subagency;
(b) Whether the brokerage offers compensation to
subagencies and buyer's brokerages;
(c) Whether the brokerage accepts compensation from other
brokerages; and,
(d) Whether the types of cooperation are offered on a
consistent and equal basis to all brokerages.
(10) If the principal broker is approved by the
superintendent to serve as principal broker in more than one brokerage, the
name(s) and business address(es) of the additional brokerage(s).
(11) If the brokerage operates under more than one trade
name, a list of any and all such trade names.
(B) The principal broker is responsible for providing and
documenting receipt of such policy by each employee, independent contractor and
affiliated licensee.
