Effective: April 6, 2017
Latest Legislation: House Bill 532 - 131st General Assembly
As used in sections 4735.51 to 4735.74 of the Revised Code:
(A) "Agency" and "agency relationship" mean a relationship in which a licensee represents another person in a real estate transaction.
(B) "Agency agreement" means a contract between a licensee and a client in which the client promises to pay the broker a valuable consideration, or agrees that the licensee may receive a valuable consideration from another, for performing an act that requires a real estate license under this chapter.
(C) "Agent" and "real estate agent" mean a person licensed by this chapter to represent another in a real estate transaction.
(D) "Affiliated licensee" means a real estate broker or a real estate salesperson licensed by this chapter who is affiliated with a brokerage.
(E) "Client" means a person who has entered into an agency relationship with a licensee.
(F) "Confidential information" means all information that a client directs to be kept confidential or that if disclosed would have an adverse effect on the client's position in the real estate transaction, except to the extent the agent is required by law to disclose such information, and all information that is required by law to be kept confidential.
(G) "Contemporaneous offers" means offers to purchase or lease on behalf of two or more clients represented by the same licensee for the same property that the licensee knows, has known, or has reason to know will be taken under consideration by the owner or owner's authorized representative during the same period of time.
(H) "Dual agency relationship" means any of the dual agency relationships set forth in section 4735.70 of the Revised Code.
(I) "In-company transaction" means a real estate transaction in which the purchaser and seller are both represented by the same brokerage.
(J) "Purchaser" means a party in a real estate transaction who is the potential transferee of property. "Purchaser" includes a person seeking to buy property and a person seeking to rent property as a tenant or lessee.
(K) "Real estate transaction" means any act that is described in division (A) of section 4735.01 of the Revised Code or that is related to the execution of an act described in that section.
(L) "Subagency" and "subagency relationship" mean an agency relationship in which a licensee acts for another licensee in performing duties for the client of that licensee.
(M) "Timely" means as soon as possible under the particular circumstances.
Structure Ohio Revised Code
Title 47 | Occupations-Professions
Chapter 4735 | Real Estate Brokers
Section 4735.01 | Real Estate Broker Definitions.
Section 4735.02 | Requirement of License.
Section 4735.021 | Contracts - Fees.
Section 4735.022 | Nonresident Commercial Brokers and Salespersons.
Section 4735.023 | Oil and Gas Land Professionals.
Section 4735.03 | Ohio Real Estate Commission - Powers and Duties.
Section 4735.04 | Subpoena Power.
Section 4735.05 | Organization of Commission - Confidentiality.
Section 4735.051 | Investigating Complaints.
Section 4735.052 | Civil Penalty.
Section 4735.06 | Broker's License Application.
Section 4735.07 | Broker's Examination - License Qualifications.
Section 4735.08 | Conditions for Issuing License.
Section 4735.081 | Designation of Principal Broker.
Section 4735.09 | Salesperson's Application - License Qualifications.
Section 4735.091 | Relationship With Brokerage.
Section 4735.10 | Administrative Rules.
Section 4735.11 | License Form and Size.
Section 4735.12 | Real Estate Recovery Fund.
Section 4735.13 | Definite Place of Business Required; Display and Care of Licenses.
Section 4735.14 | License Term; Notice of Change of Address; Notice of Renewal.
Section 4735.141 | Continuing Education.
Section 4735.142 | License on Permanently Resigned Status.
Section 4735.143 | Criminal Records Check.
Section 4735.15 | Nonrefundable Fees.
Section 4735.16 | Sign on Business Premises; Advertising.
Section 4735.17 | License for Nonresidents.
Section 4735.18 | Disciplinary Actions.
Section 4735.181 | Sanctions for Noncompliance With Statutory Requirements - Disposition of Fines.
Section 4735.182 | Fee Instrument Returned Unpaid - Additional Fee - Sanctions.
Section 4735.19 | Records of Commission.
Section 4735.20 | Commissions, Fees, or Other Compensation.
Section 4735.21 | Right of Action - Limits on Salespersons.
Section 4735.211 | Division of Real Estate Operating Fund.
Section 4735.22 | Referral of Home Inspectors.
Section 4735.23 | Review of Programs.
Section 4735.24 | Earnest Money to Be Maintained in Special Account.
Section 4735.25 | Dealing in Foreign Real Estate.
Section 4735.26 | Refusing to Qualify Foreign Real Estate.
Section 4735.27 | Foreign Real Estate Dealer's License.
Section 4735.28 | Foreign Real Estate Salesperson's License.
Section 4735.30 | False Representations of Material or Relevant Facts.
Section 4735.32 | Investigations.
Section 4735.33 | Effect of Child Support Default on License.
Section 4735.51 | Agency Relationship - Disclosure Definitions.
Section 4735.52 | Scope of Chapter.
Section 4735.53 | Agency Relationships Permitted.
Section 4735.54 | Written Company Policy for Types of Agency Relationships for Brokerage.
Section 4735.55 | Written Agency Agreements.
Section 4735.56 | Written Brokerage Policy on Agency Required - Disclosure to Client.
Section 4735.57 | Agency Disclosure Statement - Dual Agency Disclosure.
Section 4735.58 | When Disclosure Statements to Be Provided.
Section 4735.59 | Changing the Party a Licensee Represents.
Section 4735.60 | Licensee Representing Purchaser Disclosures.
Section 4735.61 | Prohibiting False Information.
Section 4735.62 | Fiduciary Duties Generally.
Section 4735.621 | Waiver of Fiduciary Duties.
Section 4735.63 | Representing Seller in Agency Relationship - Duty to Promote Interests of Client.
Section 4735.64 | Representing Seller in Agency Relationship - Prohibited Acts.
Section 4735.65 | Representing Buyer in Agency Relationship - Duty to Promote Interests of Client.
Section 4735.66 | Representing Buyer in Agency Relationship - Prohibited Acts.
Section 4735.67 | Disclosures to Purchaser.
Section 4735.68 | Liability for False Information.
Section 4735.69 | Assisting Party Who Is Not a Client.
Section 4735.70 | Dual Agency Definitions.
Section 4735.71 | Dual Agency - Disclosure Statement.
Section 4735.72 | Dual Agency - Brokerage and Management Level Licensees.
Section 4735.74 | Duties Following Closing of Transaction.
Section 4735.75 | Authorization of Other Brokers by Exclusive Agent.
Section 4735.76 | Compliance With Law Regarding Sanctions for Human Trafficking.