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Oh AgencyAgency_disclosure_statementMEDIUM

A salesperson fails to provide the Consumer Guide to Agency Relationships to a buyer before showing properties, as required under Ohio law. Which party or parties may face disciplinary action for this omission?

Correct Answer

B) Both the salesperson and the broker, because the broker has a statutory duty to supervise licensee compliance with agency disclosure requirements

Under ORC §4735.56, providing the Consumer Guide to Agency Relationships before the first substantive contact is a mandatory requirement, not a discretionary practice. Under ORC §4735.18, a broker has an affirmative duty to supervise affiliated licensees and ensure their compliance with all provisions of ORC Chapter 4735. When a salesperson fails to make the required disclosure, both the salesperson (for the direct omission) and the broker (for failure of supervision) may be subject to disciplinary action by the Ohio Division of Real Estate.

Answer Options
A
Only the salesperson, because agency disclosure is a personal duty that cannot be attributed to the broker
B
Both the salesperson and the broker, because the broker has a statutory duty to supervise licensee compliance with agency disclosure requirements
C
Only the broker, because salespersons are not individually subject to discipline for disclosure failures
D
Neither party, because the Consumer Guide requirement is a recommended best practice rather than a mandatory statutory obligation

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Related Topics & Key Terms

Key Terms:

broker_supervisionagency_disclosureconsumer_guidecomplianceORC_4735
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