In representing any client in an agency or subagency relationship, the licensee shall be a fiduciary of the client and shall use the licensee's best efforts to further the interest of the client including, but not limited to, doing all of the following:
(A) Exercising reasonable skill and care in representing the client and carrying out the responsibilities of the agency relationship;
(B) Performing the terms of any written agency agreement;
(C) Following any lawful instructions of the client;
(D) Performing all duties specified in this chapter in a manner that is loyal to the interest of the client;
(E) Complying with all requirements of this chapter and other applicable statutes, rules, and regulations, including 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;
(F) Disclosing to the client any material facts of the transaction of which the licensee is aware or should be aware in the exercise of reasonable skill and care and that are not confidential information pursuant to a current or prior agency or dual agency relationship;
(G) Advising the client to obtain expert advice related to material matters when necessary or appropriate;
(H) Accounting in a timely manner for all moneys and property received in which the client has or may have an interest;
(I) Keeping confidential all confidential information, unless the licensee is permitted to disclose the information pursuant to division (B) of section 4735.74 of the Revised Code. This requirement includes not disclosing confidential information to any licensee who is not an agent of the client.
Notes of Decisions
Cited in 14
cases (3 in the last 5 years), 2000–2021 · leading case: Boggs v. Ohio Real Est. Comm'n, 926 N.E.2d 663 (Ohio Ct. App. 2009).
Boggs v. Ohio Real Est. Comm'n, 926 N.E.2d 663 (Ohio Ct. App. 2009). · cites it 10ד” The statute specifies, as relevant here, that the duty requires the agent to exercise “reasonable skill and care in representing the client and carrying out the responsibilities of the agency relationship.”
Carpenter v. Long, 2011 Ohio 5414 (Ohio Ct. App. 2011). · cites it 6דIndeed, ‘ “real estate brokers have statutory and common law 2 R.”
Bickham v. Standley, 2009 Ohio 3530 (Ohio Ct. App. 2009). · cites it 4ד{¶ 10} R.C. 4735.62 sets forth fiduciary duties.”
Troja v. Pleatman, 2016 Ohio 7683 (Ohio Ct. App. 2016). · cites it 3דAllison v. Cook, 139 Ohio App.3d 473, 487-488 , 744 N.”
Allison v. Cook, 744 N.E.2d 254 (Ohio Ct. App. 2000). · cites it 3ד” R.C. 4735.62 makes the real estate agent a fiduciary of both parties once a dual agency is created.”
Hannah v. Sibcy Cline Realtors, 769 N.E.2d 876 (Ohio Ct. App. 2001). · cites it 4ד” 6 {¶ 32} The Hannahs argue that because the trial court verbally stated (1) that race was different from termites or a faulty furnace and would always be different in this country, and (2) that bigotry went “hand in hand” with being black in this imperfect world, it concluded…”
Hubbard Fam. Trust v. TNT Land Holdings, L.L.C., 2014 Ohio 772 (Ohio Ct. App. 2014). “R.C. 4735.62 sets forth a non-exhaustive list of statutory fiduciary duties applicable to a real estate agent or broker, which include the following: (A) Exercising reasonable skill and care in representing the client and carrying out the responsibilities of the agency…”
Starr v. Ohio Dept. Com., Div. of Real Est. & Prof'l Licensing, 2021 Ohio 2243 (Ohio Ct. App. 2021). “See R.C. 4735.62(A) (providing that a licensee "shall be a fiduciary of the client and shall use the licensee's best efforts to further the interest of the client"); Parahoo v.”
Clark v. Allen, 796 N.E.2d 965 (Ohio Ct. App. 2003). “In addition, although Yost was a dual agent who, as a result, was a fiduciary of both parties and required to act in the interest of both clients, R.C. 4735.62 and Allison v. Cook (2000), 139 Ohio App.”
Pettit v. Hughes, 894 N.E.2d 738 (Ohio Ct. App. 2008). “2d 918, 920 ; see, also, R.C. 4735.62. As noted by the Ohio Supreme Court, ‘[l]ike other professionals, a person holding a real estate license is held to a higher standard of competency and fairness than is a lay member of the public in the marketplace.”
Foster v. Foster, 2018 Ohio 1961 (Ohio Ct. App. 2018). “18(A)(9) as it incorporates R.C. 4735.62(A). 4. Engaged in misconduct when [Eral] provided purchaser [Ockington] a residential property disclosure form that was previously signed and dated by prior potential purchaser, Joseph Sheppard.”
Stone v. Ohio Real Est. Comm., 2021 Ohio 809 (Ohio Ct. App. 2021). · cites it 2ד20AP-96 4 Section 4735.62(A), and/or a violation of Ohio Revised Code Section 4735.”
Allison v. Cook, 744 N.E.2d 254 (Ohio Ct. App. 2000). “” R.C. 4735.62 makes the real estate agent a fiduciary of both parties once a dual agency is created.”
— Ohio Rev. Code § 4735.62(A) — 4 cases
Boggs v. Ohio Real Est. Comm'n, 926 N.E.2d 663 (Ohio Ct. App. 2009). “” The statute specifies, as relevant here, that the duty requires the agent to exercise “reasonable skill and care in representing the client and carrying out the responsibilities of the agency relationship.”
Starr v. Ohio Dept. Com., Div. of Real Est. & Prof'l Licensing, 2021 Ohio 2243 (Ohio Ct. App. 2021). “See R.C. 4735.62(A) (providing that a licensee "shall be a fiduciary of the client and shall use the licensee's best efforts to further the interest of the client"); Parahoo v.”
Foster v. Foster, 2018 Ohio 1961 (Ohio Ct. App. 2018). “18(A)(9) as it incorporates R.C. 4735.62(A). 4. Engaged in misconduct when [Eral] provided purchaser [Ockington] a residential property disclosure form that was previously signed and dated by prior potential purchaser, Joseph Sheppard.”
Stone v. Ohio Real Est. Comm., 2021 Ohio 809 (Ohio Ct. App. 2021). “20AP-96 4 Section 4735.62(A), and/or a violation of Ohio Revised Code Section 4735.”
— Ohio Rev. Code § 4735.62(D) — 1 case
Boggs v. Ohio Real Est. Comm'n, 926 N.E.2d 663 (Ohio Ct. App. 2009). “” The statute specifies, as relevant here, that the duty requires the agent to exercise “reasonable skill and care in representing the client and carrying out the responsibilities of the agency relationship.”
— Ohio Rev. Code § 4735.62(F) — 3 cases
Troja v. Pleatman, 2016 Ohio 7683 (Ohio Ct. App. 2016). “Allison v. Cook, 139 Ohio App.3d 473, 487-488 , 744 N.”
Boggs v. Ohio Real Est. Comm'n, 926 N.E.2d 663 (Ohio Ct. App. 2009). “” The statute specifies, as relevant here, that the duty requires the agent to exercise “reasonable skill and care in representing the client and carrying out the responsibilities of the agency relationship.”
Hannah v. Sibcy Cline Realtors, 769 N.E.2d 876 (Ohio Ct. App. 2001). “” 6 {¶ 32} The Hannahs argue that because the trial court verbally stated (1) that race was different from termites or a faulty furnace and would always be different in this country, and (2) that bigotry went “hand in hand” with being black in this imperfect world, it concluded…”
— Ohio Rev. Code § 4735.62(G) — 1 case
Hannah v. Sibcy Cline Realtors, 769 N.E.2d 876 (Ohio Ct. App. 2001). “” 6 {¶ 32} The Hannahs argue that because the trial court verbally stated (1) that race was different from termites or a faulty furnace and would always be different in this country, and (2) that bigotry went “hand in hand” with being black in this imperfect world, it concluded…”
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