What background knowledge is needed for this Oh Agency question?

Protection clauses became standard in exclusive right-to-sell listing agreements as the real estate industry evolved in the mid-20th century, largely in response to sellers attempting to circumvent commission obligations by waiting out listing periods. The Ohio Association of Realtors' standard listing agreement forms include protection period provisions that typically run 30 to 180 days after expiration, covering buyers who were shown the property or to whom the property was introduced during the listing term. Ohio courts have upheld these clauses when clearly written and properly disclosed to sellers at the time of signing.

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

Think of the protection clause as a 'SAFETY NET under the tightrope.' The tightrope is the listing period, and once the agent walks it by introducing a buyer, the safety net (protection clause) catches them if the deal falls slightly past the end. The key phrase to memorize: 'INTRODUCED during the listing = PROTECTED by the clause.' Visualize a calendar with the listing expiration date circled in red, and a shaded zone extending past it labeled 'Protection Period — buyers introduced before the red line are still covered.'

What exam tip applies to this Oh Agency question?

When a question involves commission disputes and a listing that has expired, always look for the protection clause as the controlling variable — the correct answer will almost always hinge on whether one exists and whether the buyer was introduced during the listing period. Answer choices that say 'Mark is definitely entitled' or 'Mark is definitely not entitled' without referencing the listing agreement terms are likely wrong because they ignore the contractual nuance. The exam rewards the answer that acknowledges the protection clause as the determining factor.

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

Mark's listing agreement with seller Sandra includes a 90-day protection clause covering any buyer introduced during the listing period. A buyer's agent submits a verbal offer on June 28 — two days before the listing expires — and Sandra says she needs time to think. On July 2, Sandra accepts. Because the buyer was introduced during the active listing period and the acceptance falls within the 90-day protection window, Mark's listing agreement likely entitles him to the commission. If the protection clause had been only 30 days, the same analysis would apply; if there were no protection clause at all, Mark might have no claim.

Oh AgencySeller_agent_ohMEDIUM

Under Ohio law, seller's agent Mark has an exclusive right-to-sell listing that expires on June 30. On June 28, a buyer's agent submits a verbal offer that Mark communicates to the seller. The seller says she wants to think about it. On July 2, the seller calls Mark and says she wants to accept. Under Ohio law, what is Mark's status regarding the commission?

Correct Answer

A) The outcome depends on the listing agreement's protection clause, which may provide for commissions on offers received or buyers introduced during the listing period

Under Ohio law, the entitlement to commission after listing expiration depends on the protection (or carry-over) clause in the listing agreement. Many exclusive right-to-sell agreements include provisions covering buyers introduced during the listing period who purchase within a specified time after expiration.

Answer Options

The outcome depends on the listing agreement's protection clause, which may provide for commissions on offers received or buyers introduced during the listing period

Mark has no entitlement because the listing expired before acceptance

Mark is entitled to the full commission because the offer was received during the listing period

Mark must share the commission equally with the buyer's agent from a new listing

Why This Is the Correct Answer

Why the Other Options Are Wrong

Deep Analysis of This Oh Agency Question

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Related Concepts

Confidentiality Duty

The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.

Customer vs Client

In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.

Designated Agency

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

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