What background knowledge is needed for this Oh Agency question?

The concept of obedience as a fiduciary duty has roots in common law agency principles that predate modern real estate licensing. Ohio's real estate licensing law codifies this duty to ensure agents act as true representatives of their clients rather than independent decision-makers who second-guess client instructions. The inclusion of personal property terms like window treatments, appliances, and fixtures in purchase offers has always been a recognized negotiation area, and Ohio law treats these as legitimate contract terms subject to mutual agreement between buyer and seller.

What is a good way to remember the answer to this Oh Agency question?

Remember 'LAWFUL = DO IT' — if the client's instruction is lawful, the agent's job is to do it without editing, filtering, or second-guessing. Think of a buyer's agent as a megaphone: your job is to amplify your client's voice clearly and accurately to the other side, not to mute the parts you think won't work. The seller has their own megaphone (their agent) to respond.

What exam tip applies to this Oh Agency question?

On exam questions involving the duty of obedience, always ask yourself: 'Is this instruction legal?' If yes, the agent must follow it — full stop. Watch for distractor answers that introduce reasons to refuse (like 'it contradicts the listing' or 'it can never be negotiated'), which are designed to make you doubt the client's right to negotiate. The exam rewards recognizing that the seller's right to reject a term is what balances the buyer's right to request it.

How does this Oh Agency concept apply in real world practice?

Tim has fallen in love with the custom plantation shutters throughout the home, which cost the seller over $8,000 to install. The listing explicitly excludes them, but Tim instructs Sharon to include a clause requesting all window treatments as part of the deal. Sharon drafts the purchase offer with the clause included and presents it to the listing agent. The seller reviews the offer, crosses out the window treatment clause, and counters — a perfectly normal negotiation outcome. Sharon fulfilled her duty; the seller exercised their right to reject that term.

Oh AgencyBuyer_agent_ohMEDIUM

Under Ohio law, buyer's agent Sharon represents client Tim. Tim asks Sharon to include a clause in the purchase agreement stating that the seller must leave all window treatments, even though the listing states window treatments are excluded. Under Ohio agency law, what should Sharon do?

Correct Answer

B) Include the clause as Tim requests and present it as part of the offer, since it is a lawful negotiation point

Under Ohio agency law, Sharon's duty of obedience requires following Tim's lawful instructions. Including a request for window treatments is a legitimate negotiation point. The seller is free to accept, reject, or counter the term.

Answer Options

Refuse to include the clause because it contradicts the listing

Include the clause as Tim requests and present it as part of the offer, since it is a lawful negotiation point

Include the clause but tell the listing agent to ignore it

Advise Tim that window treatments can never be negotiated in Ohio transactions

Why This Is the Correct Answer

Why the Other Options Are Wrong

Deep Analysis of This Oh Agency Question

Background Knowledge for Oh Agency

Real World Application in Oh Agency

Common Mistakes to Avoid on Oh Agency Questions

Related Concepts

Material Fact Disclosure

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

Scope of Authority

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

Seller Agent Duties

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

Was this explanation helpful?

People Also Study

Buyer Representation Agreement

8% of exam

Property Ownership

10% of exam

Land Use Controls and Regulations

8% of exam

Valuation and Market Analysis

10% of exam

Previous Question

Under Ohio law, before a buyer's agent can write an offer on behalf of a buyer, the agent must ensure:

Next Question

Buyer's agent Alex represents client Maria in Ohio. Maria's father is a licensed contractor who inspects the property and finds structural issues. Alex's broker tells Alex not to mention the structural issues to avoid scaring Maria away from the purchase. Under Ohio agency law, what should Alex do?

Oh Agency Questions