Dual Agency in Ohio

When both sides of a transaction share a brokerage, and what you need to know.

Ohio Revised Code 4735.70 governs dual agency in real estate. Dual agency occurs when the buyer and seller are represented by agents in the same brokerage. Both parties must provide written informed consent. The dual agent owes limited fiduciary duties and cannot advocate for one side over the other. Last reviewed April 2026.

What Is Dual Agency?

Dual agency arises when the buyer's agent and the seller's agent are both licensed under the same brokerage. Under Ohio law (ORC 4735.70), the brokerage must disclose this situation to both parties, and both must provide written informed consent before the transaction proceeds.

Exclusive Agent vs. Dual Agent

Exclusive Agent (Buyer's or Seller's)

Full fiduciary duties: loyalty, obedience, disclosure, confidentiality, reasonable care, accounting. Can advocate strongly for their client's interests.

Dual Agent

Limited fiduciary duties to both. Must treat both parties honestly and fairly. Cannot disclose confidential information (bottom-line price, motivation) from one party to the other. Cannot advocate for one side over the other.

Your Rights

You have the right to refuse dual agency. You are never required to consent
You have the right to request a different agent within the brokerage or to work with a different brokerage entirely
The brokerage must explain the limitations of dual agency clearly before asking for consent
If you consent and later wish to revoke, discuss your options with your agent or broker

When Does Dual Agency Typically Occur?

A buyer's agent shows a listing held by another agent in the same brokerage
An agent holds both the listing agreement and the buyer representation agreement for the same property
At an open house where the listing agent interacts with an unrepresented buyer

Practical Tips

Ask your agent early in the process whether dual agency could arise
Understand what information the agent can and cannot share in a dual agency scenario
Consider whether you want the strongest possible advocacy (exclusive representation) or are comfortable with a neutral facilitator
If in doubt, consult a real estate attorney

Frequently Asked Questions

What is dual agency in Ohio real estate?

Dual agency occurs when the buyer's agent and the seller's agent work for the same brokerage. Under ORC 4735.70, both parties must provide written informed consent before the transaction can proceed under dual agency.

Can I refuse dual agency?

Yes. You are never required to consent to dual agency. If you decline, the brokerage must assign separate agents or you may choose to work with a different brokerage.

What does a dual agent owe each party?

A dual agent owes limited fiduciary duties to both parties. They must treat both sides honestly and fairly, but cannot advocate for one side over the other or share confidential information (such as bottom-line price or motivation) between the parties without consent.