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Updated over 9 years ago on . Most recent reply

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Timothy Murphy III
  • Real Estate Broker
  • Cleveland, OH
252
Votes |
771
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Heightened Duty for Licensed Ohio Realtors?

Timothy Murphy III
  • Real Estate Broker
  • Cleveland, OH
Posted

Question for all the licensed agents and / or Ohio RE attorneys on here.

A colleague of mine is working on a case and he's asked me a question I've never heard before. The question is, does a licensed Ohio realtor have a heightened legal duty to a tenant when acting as a landlord / property manager, or do the standard ordinary care duties for negligence and premises liability apply?

As far as I know, the answer is that there is no heightened duty by way of the RE license and I cannot find anything to the contrary. If anyone else has input on this, it would be most appreciated.

Most Popular Reply

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1,750
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879
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Matt Motil
  • Rental Property Investor
  • Cleveland, OH
879
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1,750
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Matt Motil
  • Rental Property Investor
  • Cleveland, OH
Replied

I'm not an attorney, but my thought would be that there would only be a heightened duty of care if the landlord/property manager was also acting as their real estate agent (signed agreement for RE services) and there was a potential conflict of interest. 

Maybe the landlord/property manager/investor should have language in their lease agreement/property management agreement that indemnifies them from any perceived duty by virtue of their licensure and state some disclaimer to the effect that no RE Agent/Client relationship exists because of the other agreement. 

Thoughts? Interesting discussion/topic. 

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