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Key Takeaways

  • All Ohio brokerage agreements must be in writing to create an agency relationship
  • Listing agreements must include the property description, price, commission terms, and expiration date
  • Buyer representation agreements must specify the type of property, geographic area, and compensation
  • Ohio requires definite termination dates on all exclusive agreements
  • Automatic renewal clauses are prohibited in Ohio brokerage agreements
Last updated: January 2026

Ohio Agency Agreement Requirements

Ohio requires specific elements in brokerage agreements to protect both licensees and consumers.

Required Elements - All Agreements

Every Brokerage Agreement Must Include

ElementDescription
Names of PartiesBroker and client
DateWhen agreement is executed
Property/Transaction TypeWhat is being bought/sold/leased
CompensationHow broker will be paid
DurationStart and end dates
SignaturesAll parties must sign

Listing Agreements

Types of Listings

TypeExclusivityCommission Owed
Exclusive Right to SellFull exclusivityCommission owed regardless of who sells
Exclusive AgencyLimited exclusivityNo commission if owner finds buyer
Open ListingNo exclusivityCommission only if broker finds buyer

Required Listing Elements

ElementDescription
Property AddressLegal description or street address
Listing PriceAgreed marketing price
Commission Rate/AmountPercentage or flat fee
Expiration DateDefinite termination date
Broker's ServicesWhat broker will provide
Seller's ObligationsWhat seller agrees to do

Prohibited Practices

ProhibitionReason
No automatic renewalMust have definite end date
No indefinite durationMust expire on specific date
No self-extending clausesViolates Ohio law

Important: Ohio prohibits automatic renewal clauses in listing agreements. The agreement must have a definite termination date.

Buyer Representation Agreements

Required Elements

ElementDescription
Type of PropertyResidential, commercial, etc.
Geographic AreaWhere buyer is looking
Price RangeBudget parameters
Compensation TermsHow broker is paid
DurationStart and definite end date
DutiesWhat broker will provide

Compensation Terms

Buyer's agent compensation can come from:

  • Seller through MLS cooperation
  • Buyer directly
  • Combination of both
  • Must be disclosed in agreement

Property Management Agreements

For brokers managing rental properties:

Required ElementDescription
Property DescriptionAddress and units
Management DutiesWhat broker will do
Authority LevelDecision-making power
CompensationPercentage or flat fee
Trust AccountHow rents are held
DurationStart and end dates

Amending Agreements

To change an existing agreement:

  1. Written amendment required
  2. All parties must sign
  3. Date the amendment
  4. Attach to original agreement
  5. Provide copies to all parties

Terminating Agreements

Grounds for Termination

ReasonProcess
ExpirationAutomatic at end date
Mutual agreementBoth parties consent in writing
BreachNon-breaching party may terminate
Death/incapacityMay terminate agreement
Destruction of propertyFor specific property listings

Notice Requirements

  • Check agreement for specific notice requirements
  • Written notice is recommended
  • Keep copies for records
  • Notify all parties

Record Retention

Ohio requires brokers to retain:

DocumentRetention Period
Brokerage agreements3 years
Transaction records3 years after closing
Trust account records3 years
Correspondence3 years
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Ohio Listing Agreement Requirements
Test Your Knowledge

What is prohibited in Ohio listing agreements?

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D
Test Your Knowledge

How long must Ohio brokers retain transaction records?

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D
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2.4 Commission and Compensation Rules

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