Ohio Revised Code
Chapter 4735 | Real Estate Brokers
Section 4735.621 | Waiver of Fiduciary Duties.

Effective: October 12, 2006
Latest Legislation: House Bill 150 - 126th General Assembly
(A) The duties required of a licensee under section 4735.62 of the Revised Code may not be waived by a client.
(B) A licensee shall perform the duties required under section 4735.63 or 4735.65 of the Revised Code unless the client agrees to waive these duties, and signs a waiver of duties statement pursuant to division (C) of this section.
(C) The superintendent of real estate, with the approval of the Ohio real estate commission, shall establish by rule a waiver of duties statement that shall contain the following:
(1) The fiduciary duties required of all licensees under section 4735.62 of the Revised Code;
(2) A list of those duties contained in section 4735.63 or 4735.65 of the Revised Code, which shall be set forth in a manner that allows for the parties to indicate which of those duties are being waived;
(3) A statement that no other licensee is required to perform the waived duty on behalf of the client;
(4) A statement that legal counsel or other professionals may be hired by the client;
(5) A place for the client and licensee to sign and date the statement.

Structure Ohio Revised Code

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 4735.29 | Renewals.

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.

Section 4735.99 | Penalty.