Under Ohio law, Broker Mason operates a brokerage where salesperson Agent Cole has been practicing dual agency without obtaining written consent from either party. A transaction closes, and afterward both the buyer and seller claim they were unaware of the dual agency. Under ORC Chapter 4735, what consequences may follow?
Correct Answer
A) Both Agent Cole and Broker Mason may face disciplinary action, and the affected parties may have grounds for rescission or damages
Under ORC §4735.71, dual agency without written consent violates Ohio law. Both the salesperson and supervising broker may face discipline under ORC §4735.18. The parties who were not informed may seek rescission of the transaction or damages.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.
A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.
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