Ohio Admin. Code 1301:5-6-02 - Open houses and referrals
(A) A licensee who acts as a host at an open
house on behalf of a listing agent will only be considered to be the agent of
the seller if one of the following applies:
(1) The licensee was appointed by the listing
agent or the brokerage to represent the seller and the seller agreed in writing
to that representation;
(2) The
licensee assisted in establishing the agency relationship;
(3) The licensee received confidential
information from the listing agent; or,
(4)
The licensee is a management level licensee as defined in division
(K)
(FF) of
section 4735.51
4735.01
of the Revised
Code, except as provided in division (C) of section
4735.70 of the Revised
Code.
(B) The licensee
will not be found to have assisted in establishing an agency relationship as
provided in section 4735.53 of the Revised Code as a
result of referring a prospective purchaser or seller to another licensee or
receiving a referral fee. However, if the licensee making the referral,
participates in the real estate transaction which results from the referral and
receives a referral fee, the payment of that referral fee must be disclosed to
all parties to the transaction. For purposes of this rule, the terms "referral"
and "referring" have the same meaning as contained in paragraph (C) of rule
1301:5-5-06
of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 4735.10
Rule Amplifies: 4735.01, 4735.70, 4735.53
Prior Effective Dates: 01/01/1997, 05/18/1998, 01/01/2005
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