Under Ohio law, Broker Taylor supervises 30 agents. Taylor implements a policy requiring all agents to submit copies of agency disclosure forms weekly for review. Despite this policy, Agent Lopez fails to provide disclosure forms to three clients over a two-month period. When the Superintendent investigates, can Broker Taylor argue that having a policy in place eliminates supervisory liability?
Correct Answer
C) No, because having a policy alone is insufficient — the broker must also enforce it and monitor compliance
Under ORC §4735.18, the broker's supervisory duty requires both establishing procedures and actively enforcing them. A policy that is not enforced or monitored does not satisfy the broker's supervisory obligation. Taylor should have noticed Lopez's non-compliance during weekly reviews.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.
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.
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