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Under Ohio law, seller's agent Tina lists a property for seller Ray. After the property goes under contract, Tina discovers that she has a distant family relationship with the buyer that she was not previously aware of. Under Ohio agency law, what must Tina do upon this discovery?

Correct Answer

B) Immediately disclose the newly discovered relationship to her client Ray, document the disclosure, and allow Ray to decide whether to continue with the transaction

Under Ohio agency law, fiduciary duties are ongoing. When Tina discovers a potential conflict of interest, even after contract acceptance, she must disclose it to her client promptly. Ray can then make an informed decision about whether the relationship affects his confidence in Tina's representation.

Answer Options
A
Nothing, because she was not aware of the relationship when the offer was accepted
B
Immediately disclose the newly discovered relationship to her client Ray, document the disclosure, and allow Ray to decide whether to continue with the transaction
C
Terminate the listing agreement immediately without explanation
D
Contact the Ohio Superintendent of Real Estate for a ruling before proceeding

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Related Topics & Key Terms

Key Terms:

seller_agentconflict_of_interestfamily_relationshipongoing_disclosurefiduciary_dutyORC_4735

Related Concepts

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

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