Ohio guide

Ohio Buyer Brokerage Agreement Requirement Post-NAR Settlement (August 2024)

If you're buying a home in Ohio and your agent is a member of the local MLS, you have to sign a written buyer agreement before they can show you any houses.

TL;DR

If you're buying a home in Ohio and your agent is a member of the local , you have to sign a written buyer agreement before they can show you any houses. The agreement spells out how long it lasts, where it covers, and exactly how much your agent gets paid. The seller may still cover part or all of that fee, but the number has to be a real amount, not a vague promise.

Before you start — 8 things to know

  • Before any Ohio agent who belongs to the takes you on a single home tour, you'll sign a written buyer agreement. This rule kicked in August 17, 2024 as part of the settlement.

  • Ohio already required a written agreement to officially become a client of a brokerage under state law (ORC 4735.55). The new touring rule layers on top of that — even an informal showing now needs paperwork first.

  • The agreement has to state your agent's pay in a specific way — a flat fee, an hourly rate, or a percentage. Open-ended language like 'whatever the seller offers' is not allowed.

  • The seller may still offer to cover part or all of your agent's fee, and your agreement must say so. If the seller's offer is less than what you agreed to pay, you could owe the difference, so read that number closely.

  • Check the duration and geographic scope before signing. A short, narrow agreement (say, one tour or one weekend in one county) is fine if you're just starting out and not ready to commit to one agent.

  • Most Ohio agents will hand you the Ohio REALTORS (OAR) buyer agency form. It's a standard template, but every field — fee amount, length, scope — is negotiable before you sign.

  • If you tour a 'for sale by owner' home that isn't listed on the , the rule technically doesn't apply, but Ohio law still requires a written agreement before you officially become anyone's client.

  • An agent who shows you a home without a signed agreement is breaking rules and can be disciplined. If an agent skips this step, treat it as a red flag about how they run their business.

The timeline — step by step

  1. You contact an Ohio agent and tell them you'd like to start looking at homes.

  2. Before any in-person tour, the agent sends you a written buyer agreement to review. This step is required for any agent who belongs to the .

  3. You read the agreement and check four things: how long it lasts, what areas it covers, exactly how much the agent gets paid, and a note that the seller's compensation offer is visible to you.

  4. You negotiate any term you don't like — Ohio law (ORC 4735.55) lets you set the fee, length, and scope before signing. Nothing on the form is locked in.

  5. You sign the agreement. At this point you're officially a client of that brokerage under Ohio law.

  6. The agent starts showing you homes. The listing for each home will show what the seller is offering to pay a buyer's agent, so you can compare it to what you agreed to.

  7. When you write an offer, the agent's pay is settled at closing — usually out of the seller's offer first, with any shortfall coming from you only if your agreement says so.

Common questions

Do I really have to sign something before I can even walk through a house in Ohio?
Yes, if the agent showing it belongs to the — which almost all Ohio agents do. The settlement made this a hard rule on August 17, 2024. You can still keep the agreement short and narrow, but something in writing has to exist first.
Am I locked in with one agent for months once I sign?
Only if you agree to that. The length and scope are negotiable — you can sign a one-day, one-house agreement just to see a property, then decide later whether to commit longer. Ohio law (ORC 4735.55) doesn't set a minimum.
Who actually pays my agent — me or the seller?
It can be either, or a split. The seller often still offers to cover the buyer's agent fee, and that offer is visible on the listing. Your agreement names a specific number you owe your agent, and the seller's offer applies against it; if the seller pays less than that number, you cover the gap.
What if the agent just says 'we'll figure out the fee later'?
That's not allowed anymore. The settlement requires a specific amount or formula — a flat fee, an hourly rate, or a percentage — written into the agreement before any showing. Vague language is a violation of rules.
Can I tour an open house without signing anything?
Generally yes — an open house run by the seller's agent isn't a private showing to you as a buyer client, so the touring rule doesn't kick in. The moment an agent starts showing homes privately on your behalf, the written agreement is required.
What happens if I sign with one Ohio agent but want to switch later?
It depends on the agreement you signed. Check the term length and any cancellation language — under Ohio law (ORC 4735.55) those terms control the relationship. Talk to the broker first; many will release you, especially early in the search.

Glossary

2 terms
NAR National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.

Sources

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