Ohio Code 4735.75 – Authorization of other brokers by exclusive agent
(A) A broker who has the exclusive authority to represent a client under a written exclusive agency agreement, exclusive right to sell agreement, or exclusive purchaser agency agreement may authorize other licensees to negotiate directly with that client. The authorization shall be in writing and the broker shall comply with the requirements of section 4735.621 of the Revised Code.
Terms Used In Ohio Code 4735.75
- Exclusive agency agreement: means an agency agreement between a seller and broker that meets the requirements of section 4735. See Ohio Code 4735.01
- Exclusive purchaser agency agreement: means an agency agreement between a purchaser and broker that meets the requirements of section 4735. See Ohio Code 4735.01
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Licensee: means any individual licensed as a real estate broker or salesperson by the Ohio real estate commission pursuant to this chapter. See Ohio Code 4735.01
- Seller: includes an owner of property who is seeking to sell the property and a landlord who is seeking to rent or lease property to another person. See Ohio Code 4735.01
(B) A licensee who negotiates directly with a seller, purchaser, lessor, or tenant pursuant to a written authorization as described in division (A) of this section does not violate division (A)(19) of section 4735.18 of the Revised Code and negotiations conducted by a licensee pursuant to the authorization shall not create or imply an agency relationship between that licensee and the client of that exclusive broker.
(C) As used in this section and division (A)(19) of section 4735.18 of the Revised Code, “negotiate” means any the following:
(1) Delivering or communicating an offer, counteroffer, or proposal;
(2) Discussing or reviewing the terms of any offer, counteroffer, or proposal;
(3) Facilitating communication regarding an offer, counteroffer, or proposal and preparing any response as directed.