Ohio Agency Law Guide for the Real Estate Exam

Ohio Agency Law Guide

Ohio agency law is tested on both the national and state sections of the PSI exam. Ohio uses straightforward agency terminology — buyer's agent, seller's agent, dual agent — and requires specific disclosure practices under Ohio Revised Code Chapter 4735.

Types of Agency in Ohio

Seller's Agent (Listing Agent) Represents the seller in the transaction. Owes full fiduciary duties to the seller: loyalty, confidentiality, obedience, disclosure, reasonable care, and accounting. The buyer is treated as a customer.

Buyer's Agent Represents the buyer. Owes full fiduciary duties to the buyer. The seller is treated as a customer. Ohio does not specifically require a written buyer agency agreement in the same way some states do, but best practice — and commonly tested — is to use a written buyer agency agreement.

Dual Agent Represents both buyer and seller in the same transaction with written informed consent from both parties. In Ohio, this is called "dual agency" (not "intermediary" or "transaction broker" as in some other states). In a dual agency, the agent cannot fully advocate for either party — loyalty and certain disclosure duties are limited.

Subagency Historically, all cooperating agents were subagents of the seller. Modern Ohio practice has largely eliminated automatic subagency. Subagency must now be explicitly agreed to in writing.

Fiduciary Duties in Ohio

Ohio agency law requires agents to fulfill the following duties to their principal (client):

• Loyalty — place the client's interests above all others, including the agent's own
• Confidentiality — do not disclose client's motivations, financial information, or bargaining position
• Obedience — follow the client's lawful instructions
• Disclosure — reveal all material facts, including adverse information about the property
• Reasonable Care — exercise professional skill and diligence
• Accounting — keep proper records of client funds

Ohio Agency Disclosure Requirements

Ohio law requires real estate agents to provide a written agency disclosure to all parties before entering into a representation agreement or at the time of first contact, whichever is earlier. The disclosure must be signed by all parties.

Key Ohio disclosure requirement: disclosure must occur at the first contact with a consumer, before discussing property-specific terms, price, or financing.

Dual Agency — Ohio Specific Rules

Ohio permits dual agency with written disclosure and consent from both the buyer and seller. The agent must explain:

• That they represent both parties
• That their ability to advocate for either party is limited
• That confidential information of each party will be protected

Dual agency must be consented to in writing by both parties before it can proceed.

The Role of the Broker

In Ohio, a salesperson works under a licensed broker. The broker is responsible for supervising the salesperson's activities. When a salesperson represents a client, the broker is also considered to represent that client through the salesperson.

Ohio vs. Other States: No "Intermediary" or "Transaction Broker"

Unlike Texas (which uses "intermediary") or New Mexico (which uses "Transaction Broker"), Ohio uses standard "dual agent" terminology when one agent represents both sides. There is no formal "Transaction Broker" non-agency category in Ohio.

For full Ohio licensing details and exam prep, visit [CARealestate.com/states/ohio](https://carealestate.com/states/ohio).