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Under Ohio law, after a listing agreement expires, listing agent Palmer continues to show the property to new prospective buyers without a new listing agreement. A buyer makes an offer and the seller accepts. Under ORC Chapter 4735, what issue arises?

Correct Answer

A) Palmer may have practiced real estate without a valid listing agreement, and any commission claim may be unenforceable

Under Ohio Revised Code Chapter 4735, a licensee must have a valid written listing agreement to legally represent a seller and to claim a commission. Continuing to show the property after the listing expired exposes Palmer to a license-law violation and makes any commission claim difficult to enforce.

Answer Options
A
Palmer may have practiced real estate without a valid listing agreement, and any commission claim may be unenforceable
B
No issue, because the agent's past relationship with the seller establishes implied authority to continue showing
C
Palmer is entitled to the commission because the buyer was first shown the property during the original listing period
D
The seller must pay double commission as a penalty for allowing an unlicensed listing

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Related Topics & Key Terms

Key Terms:

expired_listingunauthorized_practicecommission_enforceabilityORC_4735

Related Concepts

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

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

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.

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