Ohio Exclusive Buyer Agency Agreements Explained

by Glasshouse Insights

Ohio Buyer Agency Agreements: What Homebuyers Need to Know

Most Ohio homebuyers working with a REALTOR® or an MLS-participating brokerage will sign a written buyer agreement before touring a home. This agreement explains the services the brokerage will provide, how long the relationship lasts and how the brokerage may be compensated.

Two separate requirements are involved:

NAR’s MLS policy generally requires a written agreement before an MLS participant tours a home with a buyer.
Ohio law requires a buyer-side agency agreement before a licensee submits a purchase offer on the buyer’s behalf.

Here is what Ohio buyers should understand before signing.

Do I Have to Sign an Agreement Before Touring a Home in Ohio?

If you are touring with a REALTOR® or another agent subject to NAR’s MLS rules, generally yes. The agreement must be signed before an in-person or live virtual tour.

Ohio law is slightly different. It requires a written buyer agency agreement before an agent submits a purchase offer for a buyer. In practice, most represented buyers sign before their first private tour because the NAR/MLS requirement occurs earlier.

You can generally browse homes online, speak with an agent about their services and independently attend a public open house without signing an agreement with the hosting agent.

What Is a Buyer Agency Agreement?

A buyer agency agreement is a contract between a buyer and a real estate brokerage. It should explain:

What services the brokerage will provide.
When the agreement begins and expires.
Whether the relationship is exclusive or nonexclusive.
How the brokerage may be compensated.
How either party may end the relationship.
What happens to homes introduced during the agreement.

Brokerages may use different forms. There is no single agreement every Ohio buyer must sign, so the document presented to you controls.

What Should I Review Before Signing?

The expiration date

Ohio law requires the agreement to include an expiration date. Confirm when the agreement begins, when it ends and whether it continues through closing if you enter into a purchase contract during the term.

Exclusivity

An exclusive agreement generally commits you to one brokerage during the stated period. A nonexclusive agreement may allow you to work with multiple brokerages.

Ask what happens if you find a property independently or another agent introduces you to a home.

Compensation

The agreement should state a specific amount or rate of compensation or explain how it will be calculated. Compensation cannot be open-ended, and brokerage commissions are negotiable and not set by law.

Cancellation

Cancellation provisions vary. Ask whether you can terminate the agreement early, whether notice must be in writing and whether a protection period applies to homes you toured during the agreement.

Do not rely solely on a verbal explanation. Make sure the written agreement reflects what you discussed.

Who Pays the Buyer’s Agent in Ohio?

Buyer-agent compensation may come from:

The buyer.
The seller.
The listing brokerage.
Another permitted party.
A combination of permitted sources.

A buyer may ask the seller to contribute toward the buyer broker’s compensation as part of the purchase offer. The seller can accept, reject or negotiate that request.

If the amount provided by the seller or another source is less than the amount in the buyer agreement, the buyer may be responsible for the difference. The exact obligation depends on the agreement.

Any seller contribution must be documented properly and may be subject to loan-program, appraisal and lender requirements.

What Is Dual Agency?

Dual agency can occur when the same licensee or brokerage represents both the buyer and seller in one transaction.

Ohio requires both parties to have full knowledge of the relationship and provide written consent. The brokerage must also explain how representation and confidential information will be handled.

If you want to buy a home listed by your agent’s brokerage, ask:

Who will represent me?
Who represents the seller?
Is this dual agency?
How will my confidential information be protected?
What additional documents will I sign?

Can I Cancel a Buyer Agency Agreement?

Possibly. The agreement determines your cancellation rights.

Before signing, review:

Whether either party can terminate early.
How much written notice is required.
Whether the brokerage must approve a release.
Whether you could still owe compensation.
Whether previously shown properties remain protected.

If a cancellation right was promised, make sure it appears in writing.

Five Questions to Ask Before Signing

Is this agreement exclusive?
When does it expire?
What services will the brokerage provide?
How much could I be responsible for paying?
How can either party end the agreement?

You should receive a copy after the agreement is signed. If you do not understand a provision, ask questions before signing or have an Ohio real estate attorney review it.

The Bottom Line

Most Ohio buyers working with a REALTOR® or MLS-participating brokerage will sign a written agreement before touring a home. That pre-tour requirement comes from NAR’s MLS policy, while Ohio law separately requires a buyer-side agreement before an agent submits an offer.

Read the entire agreement, understand the compensation and cancellation terms and make sure the document matches what you discussed with your agent.

Glasshouse Realty serves buyers and sellers across Ohio, including Greater Dayton and the Miami Valley, Cincinnati, Columbus, Cleveland, Akron and surrounding communities. Our agents help buyers understand the process and move forward with clarity.

Frequently Asked Questions

Can I attend an Ohio open house without signing an agreement?

Generally, yes. An unrepresented buyer may independently attend a public open house without signing an agreement with the hosting agent.

Are buyer-agent commissions set by law?

No. Brokerage fees and commissions are fully negotiable and are not set by law.

Can a seller still pay a buyer’s agent?

Yes. A buyer may request a seller contribution toward buyer-broker compensation in the purchase offer. The seller may accept, reject or negotiate the request.

Does every Ohio buyer sign the same form?

No. Brokerages may use different agreements. Read the specific document presented to you.

Is the buyer agreement the same as the agency disclosure?

No. The buyer agreement establishes the relationship between the buyer and brokerage. The agency disclosure explains who represents whom in a particular transaction.

Sources

Information reviewed October 1, 2026. This article provides general education and is not legal, financial, lending, tax or title advice. Laws, policies and forms may change. Consult a qualified professional about your specific situation.