Ohio allows dual capacity in real estate transactions
Recently, the Ohio Division of Financial Institutions released a letter to repeal prior guidance banning mortgage professionals from acting as both a mortgage professional and a real estate agent in the same transaction. This “dual capacity” was originally banned in the Divisions Mortgage Brokers & Lenders Letter 2006-1 to prevent conflicts of interest that might arise when a single person would both complete a sale and obtain financing for that sale. After the repeal, the Ohio Division of Financial Institutions required licensed mortgage loan originators to disclose when they or an associate will act as a realtor in connection with a property’s sale and to inform and obtain a signature from the buyer. Signatures can be obtained on the Dual Capacity Disclosure Form.