Looking for a Residential Property Disclosure Form Templates? Download it for free!

CONSUMER GUIDE TO AGENCY RELATIONSHIPS

(RESIDENTIAL LEASING)

Comtech Realty LLC

22 McDaniel St.

Dayton, Ohio 45405

(937) 227-2929

We are pleased you have selected Comtech Realty LLC to help you with your real estate needs. Whether

you are selling, buying or leasing real estate, Comtech Realty LLC can provide you with expertise and

assistance. Because this may be the largest financial transaction you will enter into, it is important to

understand the role of the agents and brokers with whom you are working. Below is some information that

explains the various services agents can offer and their options for working with you:

Representing the Landlord

Landlords often choose to list their properties for lease with a real estate brokerage. When they do so, they

sign a listing and/ or a management agreement that authorizes the brokerage and the agent to represent their

interests. As the Landlord’s agent, the brokerage and the leasing agent must: follow the Landlord’s lawful

instructions, be loyal to the Landlord, promote the Landlord’s best interests, disclose material facts to the

Landlord, maintain confidential information, act with reasonable skill and care and account for any money

they handle in the transaction. In rare circumstances a listing broker may offer “sub-

agency” to other brokerages which would also represent the Landlord’s interests and owe, the Landlord

these same duties.

Representing Tenants

When leasing real estate, Tenants sometimes choose to work with a real estate agent as well. Sometimes

the Tenants want to be represented in the transaction. This is referred to as Tenant agency. A brokerage

and agent that agree to represent a Tenant’s interest in a transaction must: follow the tenant’s lawful

instructions, be loyal to the Tenant, promote the Tenant’s best interest, disclose material facts to the Tenant,

maintain confidential information and account for any money they handle in the transaction.

Dual Agency

Occasionally the same agent and brokerage who represent the Landlord also represents the Tenant. This is

referred to as dual agency. When a brokerage and its agents become “dual agents”, they must maintain a

neutral position in the transaction. They may not advocate the position of one client over the best interests

of the other client, or disclose any confidential information to the other party without written consent.

Representing Both the Landlord and Tenant

On occasion, the Tenant and Landlord will each be represented by two different agents from the same

brokerage. In this case the agents may each represent the best interest of their respective clients. Or,

depending on company policy, the agents may both act as dual agents and remain neutral in the transaction.

When either of the above occurs, the brokerage will be considered a dual agent. As a dual agent the

brokerage and its managers will maintain a neutral position and cannot advocate for the position of one

client over another. The brokerage will also protect the confidentiality of all parties.

For more information on agency law in Ohio, you can also contact the Ohio Division of Real Estate &

Professional Licensing at (614) 466-4100, or on their website at:

Working with Comtech Realty LLC as the Leasing and Management Brokerage

Comtech Realty LLC does represent both Landlords and Tenants. However, when Comtech Realty LLC

enters into a property management agreement which includes leasing the property, then all agents in the

brokerage represent the Landlord. This is true whether one agent is representing both parties or two

separate company agents are involved. If the Tenant does not agree to Comtech Realty LLC’s sole

representation of the Landlord, then they will be advised to seek an agent from another brokerage to

represent their interest.

Consumer Guide To Agency Relationships (Residential Leasing) - Ohio Division Of Real Estate & Professional Licensing

Related Articles

Related forms

Related Categories