An Ohio broker is also a licensed attorney. She wants to represent both the buyer (as their real estate agent) and the seller (as their attorney) in the same transaction. Under Ohio law, this arrangement is:
Correct Answer
C) Prohibited because it creates an impermissible conflict of interest under both real estate law and legal ethics rules
Representing both parties in different professional capacities (real estate agent for one and attorney for the other) creates a severe conflict of interest. Both Ohio real estate law and the Ohio Rules of Professional Conduct for attorneys prohibit such dual representation without informed consent, and even with consent, the conflicts may be non-waivable.
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More Oh Division Of Re Rules Disciplinary Process Questions
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- → An Ohio broker wants to advertise using the nickname 'Tom the Realtor' instead of his legal name. Under Division rules:
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Under Ohio law, the Superintendent of Real Estate may issue a cease and desist order against a person engaging in unlicensed real estate activity. If the person violates this order, the Superintendent may:
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