Ohio Agency Disclosure Requirements
Every Ohio agent must tell you who they work for before discussing details about a property.
What Is Agency Disclosure?
Under Ohio Revised Code 4735.56, every licensed real estate agent in Ohio must provide a written Agency Disclosure form to all parties at the earliest substantive contact. "Substantive contact" means any conversation involving price, terms, motivation, property condition, or other transaction details, not just casual conversation.
The Three Agency Types in Ohio
Seller's Agent
Represents the seller. Owes the seller fiduciary duties: loyalty, obedience, disclosure, confidentiality, reasonable care, and accounting. Owes the buyer honesty and fair dealing.
Buyer's Agent
Represents the buyer. Owes the buyer fiduciary duties: loyalty, obedience, disclosure, confidentiality, reasonable care, and accounting. Owes the seller honesty and fair dealing.
Dual Agent
Represents both buyer and seller in the same transaction. Owes limited fiduciary duties to both. Both parties must give written informed consent. The agent cannot advocate for one side over the other. See ORC 4735.70.
Why This Matters to You
Understanding who your agent works for determines what information they can share, what advice they can give, and whose interests they are legally bound to protect. Always read and understand the Agency Disclosure form before discussing transaction details.
Key Takeaways
- The form must be presented at the first substantive contact, not at closing
- You should receive the form from every agent you interact with
- Signing the form acknowledges you received it. It does not create a contractual relationship
- If you are not offered the form, ask for it
Frequently Asked Questions
When must the Agency Disclosure form be presented?
At the first substantive contact, meaning any conversation about price, terms, motivation, or property details.
What are the three agency types in Ohio?
Seller's agent (fiduciary to seller), buyer's agent (fiduciary to buyer), and dual agent (limited fiduciary to both, requires written consent).
Can I represent myself without an agent in Ohio?
Yes. Ohio does not require you to use a real estate agent. However, the other party's agent still owes you honesty and fair dealing duties.
This content is for educational purposes only. It does not constitute legal advice. Consult a licensed Ohio attorney for advice specific to your situation. Content reflects Ohio law as of April 2026.