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Under Ohio agency law, broker Wilson enters into a buyer representation agreement with client Garcia that specifies compensation of 3% of the purchase price. When Garcia purchases a home, the seller's listing agreement offers 2.5% cooperating compensation. What happens regarding the compensation shortfall?

Correct Answer

D) Garcia may be responsible for the 0.5% difference per the terms of the buyer representation agreement

Under Ohio law, if the buyer representation agreement specifies a compensation rate higher than the cooperating compensation offered by the listing broker, the buyer may be responsible for the shortfall per the terms of their agreement with their agent.

Answer Options
A
The seller must increase the cooperating compensation to match the buyer's agreement
B
The Ohio Division of Real Estate will arbitrate the dispute and set the compensation amount
C
Wilson must absorb the difference because agents cannot charge buyers additional fees in Ohio
D
Garcia may be responsible for the 0.5% difference per the terms of the buyer representation agreement

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Related Topics & Key Terms

Key Terms:

buyer_representationcompensationshortfallORC_4735

Related Concepts

The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.

An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

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