Licensee Ben operates a one-person brokerage in Ohio. Buyer Kate has a signed buyer agency agreement with Ben, and Seller Matt has separately listed his property with Ben. Kate now wants to purchase Matt's property. Which statement most accurately describes Ben's agency options under Ohio law?
Correct Answer
B) Ben cannot use designated agency because there is no second licensee in his brokerage to designate, making dual agency with informed written consent from both parties the only agency option available
Under Ohio law, designated agency requires a brokerage with at least two licensees so that separate agents can be assigned to each party. As a sole practitioner, Ben has no second licensee to designate, making designated agency structurally impossible. However, Ohio law does permit dual agency when both parties provide informed written consent with full disclosure of the limitations that arise when one agent represents both sides. Dual agency with consent is therefore Ben's only in-house option; if either party declines, one must seek outside representation.
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A buyer later claims he believed a licensee was representing him, but the licensee represented only the seller throughout the transaction. Under Ohio law, which of the following would provide the licensee the strongest protection against that claim?
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