Title Company Addresses

posted Mar 16, 2019, 11:29 AM by Brian G. Walsh   [ updated Mar 16, 2019, 11:30 AM ]

In our Toolbox under Procedures you will find above so you have a quick reference when you need to mail an earnest money check to the title company.  Please keep in mind that promissory notes need to be redeemed within 4 days of acceptance. and checks need to be forwarded to title company immediately (not after results of home inspection or otherwise).  Thanks, BGW

Video and audio home surveillance and listed property..

posted Mar 15, 2019, 6:44 PM by Brian G. Walsh   [ updated Mar 15, 2019, 6:45 PM ]

By Lorie Garland, Ohio REALTORS Assistant Vice President of Legal Services

Q: During a listing appointment the seller disclosed to my agent that there are video and audio surveillance equipment on his property. The seller stated his intent to record showings, because he wants to hear what buyers and agents are saying about his property. Is it legal for the seller to do this? Does the listing agent need to disclose to buyer agents that the showings are being recorded?

A: Ohio law addresses both audio and video recordings. Under Ohio law a seller is permitted to use surveillance equipment to video record on his property. The equipment used is commonly referred to as a “nanny cam.” There are, however, limitations on that right to record. A seller should not record in locations where there is an expectation of privacy, for example a bathroom.

Audio recordings, though, have stricter requirements. Under Ohio law, in order to legally make an audio recording, at least one person being recorded must consent to being recorded. Therefore, for a seller to use surveillance equipment to audio record conversations during a showing of their property, one of the individuals at the showing would have to consent to the recording. For most showings this would be either the buyer’s agent or the buyer. The fact that the seller knows about the audio recording would not be sufficient since the seller is not typically present during showings, and therefore is not a party to the conversation being recorded.

Violations of the above provisions are a 4th degree felony under Ohio law.

There are two ways to approach listing a property with video and audio surveillance equipment present. The first approach is to request that the seller turn off their surveillance equipment during showings or anytime the property is being accessed where the conversation of others will take place (i.e. an inspection, appraisal). This requirement could be limited to audio recordings or apply to all surveillance equipment and could be included as a term of the listing agreement.

The other approach is to disclose the use of surveillance equipment and obtain consent to any audio recording. Notification of surveillance equipment could be made through the MLS or any other method used to communicate property access information. Also, a surveillance equipment notice should be posted at the property. Consent to an audio recording would need to be obtained prior to a showing or granting access to others pursuant to your duties under the listing agreement. Consent to audio recordings should be obtained in writing. For a showing, written consent would be required from the buyer’s agent or the buyer. If the buyer’s agent is providing the consent it should only be given with the knowledge and written authorization of the buyer. 

The bottom line is that a brokerage should adopt a policy on listing property with surveillance equipment and communicate that policy to all licensees. If a property has surveillance equipment, the seller should be made aware of Ohio law in this area and the existence of any surveillance equipment should be disclosed to others and proper consent to audio recordings obtained. Buyer agents should caution their clients regarding property surveillance equipment and should never do or say anything in a property that they would not want the seller to know.

Legal articles provided in the Ohio REALTORS Buzz are intended to provide broad, general information about the law and is not intended to be legal advice. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Pre-completed agency disclosure attached to listing by listing agent..

posted Mar 12, 2019, 12:21 PM by Brian G. Walsh   [ updated Mar 12, 2019, 1:35 PM ]

I just read an article about this practice occurring in the marketplace and was approached by one of our own today asking if we should use it and the answer is NO.  The license law clearly states that the selling agent is the one who is to complete the agency disclosure when they write an offer.  When completing it should have all parties information including the seller's full names.  If the listing agency is a team it is the team leader's duty to provide the names of those who will be involved in the transaction on the seller's side.  Needless to say, we won't be engaging in this practice on the listing side.  Thanks, BGW

Topic from our meeting | Please take 3 minutes to watch..

posted Mar 9, 2019, 11:12 AM by Brian G. Walsh   [ updated Mar 9, 2019, 11:13 AM ]

CE Class | Wire Fraud | If you can attend, please do! | Click on image below to sign up..

posted Mar 9, 2019, 6:37 AM by Brian G. Walsh   [ updated Mar 9, 2019, 6:37 AM ]

Front Desk..

posted Feb 28, 2019, 5:58 PM by Brian G. Walsh   [ updated Feb 28, 2019, 5:59 PM ]

Tien's last day was today.  I will be covering front desk while working on filling the spot.  Please keep things coming to the the admin email and I will tend to them during normal business hours 11a - 4p.  Occasionally I may need to step out for a bit, please know that things will be taken care of.  I have received some resume's and inquiries so things are already in the works.  Thank you, BGW

New license law rule requirements effective Feb. 10..

posted Feb 24, 2019, 12:28 PM by Brian G. Walsh   [ updated Feb 24, 2019, 12:29 PM ]

I am now required to provide and document receipt of our company agency policy by each affiliated licensee.  I will be sending out Docusign after this.  When you receive it please click the review button in the email.  Thanks, BGW

New Training tab at our website..

posted Feb 23, 2019, 5:12 PM by Brian G. Walsh   [ updated Feb 23, 2019, 5:12 PM ]

You will see a new Training tab at our website.  I will store training video links there.  I have added some Docusign videos that will help most of you (even if you are experienced).  They are not that long and will help you become more proficient with it.  As always, if you have any questions please let me know.  Thanks, BGW

Changing your listing to Pending in CSS | Handy when listing goes under contract on weekend..

posted Feb 23, 2019, 1:09 PM by Brian G. Walsh   [ updated Feb 23, 2019, 1:10 PM ]

Fee for services | When other agents handle work for you..

posted Feb 23, 2019, 12:35 PM by Brian G. Walsh   [ updated Feb 23, 2019, 12:35 PM ]

You can find this new form: Fee for Service in our Toolbox under Procedures/ID's.  It can be used to help you determine what to pay another agent when you are away or in need of assistance.  These numbers are not set in stone, they just make for a nice benchmark to work from.  Thanks, BGW

1-10 of 186