Ohio Revised Code

Ohio Rev. Code § 4735.55 (2026)

Written agency agreements

✓ current as of May 2026
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(A) As used in this section:

(1) "Residential real property" has the same meaning as in section 5302.30 of the Revised Code.

(2) "Residential premises" and "tenant" have the same meanings as in section 5321.01 of the Revised Code.

(B) A licensee shall enter into a written agency agreement before doing any of the following:

(1) Advertising or showing residential real property on behalf of a seller;

(2) Making an offer to purchase residential real property on behalf of a purchaser;

(3) Making an offer to lease a residential premises on behalf of a tenant for a term exceeding eighteen months.

(C) The written agency agreement shall contain all of the following:

(1) An expiration date;

(2) A statement that it is illegal, pursuant to the Ohio fair housing law, division (H) of section 4112.02 of the Revised Code, and the federal fair housing law, 42 U.S.C.A. 3601, as amended, to refuse to sell, transfer, assign, rent, lease, sublease, or finance housing accommodations, refuse to negotiate for the sale or rental of housing accommodations, or otherwise deny or make unavailable housing accommodations because of race, color, religion, sex, familial status as defined in section 4112.01 of the Revised Code, ancestry, military status as defined in that section, disability as defined in that section, or national origin or to so discriminate in advertising the sale or rental of housing, in the financing of housing, or in the provision of real estate brokerage services;

(3) A statement defining the practice known as "blockbusting" and stating that it is illegal;

(4) A copy of the United States department of housing and urban development equal housing opportunity logotype, as set forth in 24 C.F.R. 109.30, as amended;

(5) A statement that the licensee is appointed as an agent of the client, and an indication of whether the agency relationship is exclusive or nonexclusive;

(6) The terms by which the real estate broker is to be compensated;

(7) A conspicuous statement that broker fees and commissions are not set by law, are fully negotiable, and may be paid by the seller, the buyer, the landlord, the tenant, or a third party, or by sharing or splitting the fees and commissions between brokers.

(D) Each written agency agreement shall contain a place for the licensee and the client to sign and date the agreement.

(E) A licensee shall furnish a copy of any written agency agreement to a client in a timely manner after the licensee and the client have signed and dated it.

Last updated August 7, 2025 at 1:42 PM

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2012–2021 · leading case: Starr v. Ohio Dept. Com., Div. of Real Est. & Prof'l Licensing, 2021 Ohio 2243 (Ohio Ct. App. 2021).
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Starr v. Ohio Dept. Com., Div. of Real Est. & Prof'l Licensing, 2021 Ohio 2243 (Ohio Ct. App. 2021). · cites it 4× “{¶ 37} Appellant contends the Commission's finding as to Charge 1 was contrary to law because the exclusive right to sell contract satisfied the requirements of R.C. 4735.55. R.C. 4735.55 provides that "[e]ach written agency agreement shall contain all of the following:" (1) an…”
Merryweather Mgt., Inc. v. KNL Custom Homes, Inc., 2012 Ohio 2977 (Ohio Ct. App. 2012). · cites it 17× “01(A)(7); that the underlying transaction was illegal due to the fact that the parties’ “Building Referral Agreement” was deficient as to numerous requirements set forth R.C. 4735.55; and that Merryweather’s promissory estoppel claim also failed due to the failure to comply with…”
— Ohio Rev. Code § 4735.55(A) — 1 case
Merryweather Mgt., Inc. v. KNL Custom Homes, Inc., 2012 Ohio 2977 (Ohio Ct. App. 2012). “01(A)(7); that the underlying transaction was illegal due to the fact that the parties’ “Building Referral Agreement” was deficient as to numerous requirements set forth R.C. 4735.55; and that Merryweather’s promissory estoppel claim also failed due to the failure to comply with…”
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