Agency and Disclosure in Ohio
Ohio's agency law (Revised Code 4735.51 through 4735.74) sets out how licensees represent buyers and sellers and requires use of the Agency Disclosure Statement. This chapter explains disclosure timing, dual agency, and how a brokerage handles in-house transactions.
Agency Disclosure Statement
Ohio requires licensees to use the Agency Disclosure Statement so consumers understand who represents the buyer and who represents the seller before the transaction proceeds. Timely disclosure allows a consumer to make an informed decision about representation before revealing confidential negotiating information. The disclosure itself is informational and does not by itself create an agency relationship.
Dual Agency
Dual agency, where the same brokerage represents both buyer and seller, is permitted in Ohio only with the informed written consent of both parties. A dual agent cannot fully advocate for either side and must not disclose one party's confidential information, such as the highest price a buyer will pay, to the other. Consent is documented on the Agency Disclosure Statement.
In-House Transactions and Management-Level Broker
When two different agents in the same brokerage represent the buyer and the seller, Ohio allows each agent to continue working with their own client while the brokerage acts as a dual agent overseen by a management-level broker. The management-level broker supervises impartially and confidential information is not shared across the transaction. This structure must be disclosed and consented to.