Ohio guide

Ohio Real Estate Antitrust: Commission Steering and Price-Fixing Risks

In Ohio, your buyer's agent is paid based on your written representation agreement, not based on what the seller is offering.

Reading as buyer.

TL;DR

In Ohio, your buyer's agent is paid based on your written representation agreement, not based on what the seller is offering. Antitrust rules (federal Sherman Act and Ohio's Valentine Act) say commissions are always negotiable and agents cannot steer you away from homes that pay less. You should see every home that fits your criteria, regardless of what the seller offers the buyer's side.

Before you start — 7 things to know

  • In Ohio, the commission your buyer's agent earns is set in your written buyer representation agreement, not by any industry standard rate. Federal antitrust law and Ohio's Valentine Act require every commission to be negotiable between you and your agent.

  • Buyer steering — when an agent only shows you homes that pay the highest buyer-side commission — is banned by policy after the 2024 settlement. Your agent should pick homes based on your needs, not based on how much the seller is offering.

  • If a seller in Ohio is offering less buyer-agent compensation than your written agreement specifies, you may need to cover the difference out of pocket or negotiate it into your offer. Ask your agent to walk you through the math before you tour the home.

  • No agent in Ohio is allowed to tell you that 'everyone charges 3%' or that rates are set by a board or association. That kind of statement can be a per se antitrust violation under the Sherman Act and Ohio Revised Code Chapter 1331.

  • You can negotiate your buyer's agent commission as a flat fee, an hourly rate, or a percentage — whatever you both agree to in writing. There is no legal minimum or maximum buyer-agent fee in Ohio.

  • Since the settlement, listings on the cannot advertise buyer-agent compensation. You may have to ask the listing agent directly whether the seller is offering to contribute to your buyer-agent fee.

  • Under Ohio's Valentine Act (ORC §1331.08), buyers who are harmed by an antitrust violation — like a coordinated commission scheme — can sue for triple their damages plus attorney fees. The Ohio Attorney General can also investigate.

The timeline — step by step

  1. Before you tour homes in Ohio, sign a written buyer representation agreement that spells out your agent's commission rate, how it gets paid, and how long the agreement lasts. rules now require this before any showing.

  2. When choosing an agent, ask each candidate for their fee and negotiate it. Ohio antitrust law treats every commission as independently set, so getting two or three quotes is the easiest way to test that.

  3. When your agent presents homes, confirm they were chosen based on your search criteria, not seller-paid compensation. You can ask, 'Are these all the homes that match my filters?' to make sure nothing is being filtered out for steering reasons.

  4. Once you find a home, ask the listing side whether the seller is offering buyer-agent compensation. In Ohio this answer often comes through a phone call or seller concession request, not the listing.

  5. When writing your offer, decide how any gap between what the seller offers and what your buyer agreement requires will be covered — by seller concession, by adjusting price, or by you paying directly at closing.

  6. At the closing table, the buyer-agent commission is itemized on the Closing Disclosure. Review that line item against your signed representation agreement to confirm it matches.

Common questions

Are buyer's agent commissions really negotiable in Ohio?
Yes. Federal antitrust law (Sherman Act) and the Ohio Valentine Act both require every commission to be set independently between you and your agent. Any agent who tells you a rate is fixed by 'the industry' is misrepresenting the law.
What is buyer steering, and how do I spot it?
Buyer steering is when an agent shows or pushes you toward homes that pay the agent more, instead of homes that fit your needs. A red flag is when an agent skips homes that 'don't pay enough' even though they match your search.
What happens if the seller offers less buyer-side commission than my agreement?
You and your agent decide together how to cover the gap. Options include asking the seller for a concession in your offer, raising the price slightly and folding the fee in, or paying the difference out of pocket at closing.
Can I see what the seller is paying buyer agents on the [[MLS]]?
No. After the August 2024 settlement, buyer-agent compensation can no longer be advertised on the . You or your agent must ask the listing side directly to find out what the seller is offering.
What can I do if I think agents in my Ohio market are fixing commission rates?
You can file a complaint with the Ohio Attorney General's office, which enforces the Valentine Act. You may also bring a private antitrust lawsuit under ORC §1331.08, which allows triple damages plus attorney fees if you win.

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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