ARTICLES: Agency

Are agency documents required when leasing or managing property?
Q: My brokerage will soon begin to offer property management services for both residential and commercial property. I am working with my company attorney to develop a property management agreement and other necessary documents. Does Ohio license law have requirements for a property management agreement? Is the Consumer Guide to Agency Relationships or the Agency Disclosure Statement required when managing or leasing property? (Feb. 6, 2017, OAR Buzz)

Does your buyer agency contract require the listing broker to pay you?
Q: I listed a home in a very hot market that has a low inventory. A buyer attended an open house and immediately decided to write a full price offer, which was ultimately accepted. Within days I got call from another broker who said she represented the buyer and had a written exclusive buyer agency agreement with the buyer. She claimed that I had violated the Code of Ethics because I should have asked the buyers it they were represented. She also claims that I owe her a commission that was offered in the MLS. The buyer never mentioned that he was working with another broker and that broker never showed the property to the buyer. Did I do anything wrong? Do I owe this broker a commission? (Jan. 3, 2017, OAR Buzz)

NAR Legal Announces ‘Don’t Risk It’ Winners
Learn more about your legal and fiduciary duties to clients and customers by watching these clever, award-winning videos from state and local real estate associations. (Nov. 7, 2016, Source: NAR)

Are you required to disclose a murder or suicide on a property?
Q: Can a REALTOR be held liable for failing to disclose that a murder or suicide took place on a property?
A: Believe it or not this is a question we receive almost weekly on the OAR Legal Assistance Hotline. (Oct. 31, 2016, OAR Buzz)

Selling a property owned by a relative
At the recent Ohio Association of REALTORS Annual Convention & Expo, Cleveland attorneys Cindy Lammert, Jon Deegan and Mark Rodio put on another jammed pack risk reduction program addressing a variety of topics including team advertising, breach of fiduciary duties, service animals, inspection issues, and more. In this week’s Q&A, the agency and disclosure issues involved with listing a family member’s home are addressed. (Oct. 18, 2016, OAR Buzz)

Legal Issues Forum…Q&A: Agency forms
At OAR’s Annual Convention, in Cleveland attorneys Cindy Lammert, Jon Deegan and Mark Rodio put on another jammed pack risk reduction program addressing a variety of topics including team advertising, breach of fiduciary duties, service animals, inspection issues, and more. If you weren’t there you missed a fantastic program! (Sept. 26, 2016, OAR Buzz)

Legally Speaking: Can I enlist another brokerage to help with my buyers and sellers when I’m not available?
(Mar. 7, 2016, OAR Buzz)

Legally Speaking: Buyers Agents: What to do when the Seller Calls
(Feb. 22, 2016, OAR Buzz)

Legally Speaking: Can I talk to another REALTOR’s seller about taking a listing?
(Jan. 12, 2016; OAR Buzz)

Legally Speaking: Agency status for brokers when listing; representing buyers
(Sept. 15, 2015, OAR Buzz)

Proposed legislation seeks to address the issue of representing multiple buyers
(Aug. 25, 2015, OAR Buzz)

Hopping offers: So is it…illegal? Unethical? Or is it just not right?
(Aug. 13, 2015, OAR Buzz)

Legally speaking: Going on vacation? The right way to appoint another agent to cover for you
(Aug. 10, 2015, OAR Buzz)

Consumer Guide to Agency Relationships: Are you complying with the law?
(Aug. 3, 2015, OAR Buzz)

Legally speaking: Do I need to provide a Consumer guide to customers?
(March 16, 2015, OAR Buzz)

Legally speaking: So, the seller keeps contacting me about my buyer … (March 9, 2015, OAR Buzz)

Legally speaking: The case of the deceptive buyer (Feb. 17, 2015, OAR Buzz)

Legally speaking: What should I do if they won’t sign?
(Dec. 15, 2014, OAR Buzz)

Legally Speaking: Can ‘team’ members represent different sides to a transaction?
(Nov. 10, 2014, OAR Buzz)

Legally speaking: Nonuse of required forms…a problem?
(Sept. 22, 2014, OAR Buzz)

What does Ohio law require when a licensee becomes a buyer (or seller) in a transaction?
(July 28, 2014, OAR Buzz)

Can I answer that?
(June 2, 2014, OAR Buzz)

Is it ever OK to let a buyer, inspector in a listing without you?
(May 27, 2014, OAR Buzz)

Can two brokers co-list a property?
(May 19, 2014, OAR Buzz)

Can you represent a buyer on property you used to have listed?
(April 30, 2014, OAR Buzz)

Rising trend of “coming soon” signage & “pocket listings” is raising legal, ethical questions
(April 9, 2014, OAR Buzz)

Help! My buyer wants to see a minimum service listing!
(Nov. 18, 2013, OAR Buzz

FAQs: Ohio’s Consumer Guide to agency relationships
(Oct. 22, 2013, OAR Buzz)

Commercial exemption to the “Consumer Guide to Agency Relationships”
(Sept. 23, 2013, OAR Buzz)

Working with FSBO sellers and buyers — safe or sorry?
(July 15, 2013, OAR Buzz)

Buyer representation in a FSBO situation
(July 16, 2012, OAR Buzz)