1301:5-6-05. Consumer guide to agency relationships

(A) A broker shall develop a consumer guide to agency relationships that contains the written disclosures required by division (B) of section 4735.56 of the Revised Code.

(B) The consumer guide to agency relationships shall:

(1) Be entitled "Consumer Guide to Agency Relationships". The title font size shall be no less than fourteen points;

(2) Contain the brokerage name and fair housing logo. The brokerage may also include the brokerage logo, a brokerage franchise name or insignia indicating membership in a real estate organization. The name of any salesperson, team advertising name, unlicensed person or entity shall not be included;

(3) Contain the disclosures required pursuant to divisions (A)(2) and (A)(3) of section 4735.55 of the Revised Code, for housing accommodation and vacant land transactions only, in a font size of no less than nine points;

(4) Contain a disclosure that Ohio law requires the guide to be provided to prospective sellers, lessors, purchasers, lessees and the agent is required to obtain their signature acknowledging receipt of the guide;

(5) Contain a disclosure of the brokerage policy on customers that are un-represented;

(6) Provide all required disclosures in a font size of no less than eleven points;

(7) Contain a description of only those forms of agency permissible pursuant to section 4735.53 of the Revised Code.

(C) Other licensees within the same brokerage who later perform acts described in division (C) or (D) of section 4735.56 of the Revised Code are not required to make the disclosures described in section 4735.56 of the Revised Code if previously provided by another licensee within the same brokerage.

(D) The acknowledgement required pursuant to divisions (C) and (D) of section 4735.56 of the Revised Code may be on a document separate from the "Consumer Guide to Agency Relationships". The acknowledgement shall not be contained within any contract, agreement or addendum to which the buyer or seller is a party.

Five Year Review (FYR) Dates: 11/26/2018 and 11/26/2023
Promulgated Under: 119.03
Statutory Authority: 4735.10
Rule Amplifies: 4735.56
Prior Effective Dates: 01/01/1997, 05/18/1998, 01/01/2005

Prior History: (R.C. 119.032 review dates: 06/25/2012 and 06/30/2016
Promulgated Under: 119.03
Statutory Authority: 4735.10
Rule Amplifies: 4735.56
Prior Effective Dates: 1/1/2005 )