Yes. Ohio repealed its ban on the dual role, and the Division of Financial Institutions now requires a borrower-signed Dual Capacity Disclosure on every transaction where one person is both the real-estate agent and the loan originator.
What Ohio requires
- Deliver the Division of Financial Institutions Dual Capacity Disclosure and obtain the borrower’s signature on every dual file.
- Hold an active Ohio MLO license sponsored by a licensed mortgage company.
What the rule says
Upon review of federal law and the law of other states, the Division has repealed the prohibition set forth in Mortgage Brokers & Lenders Letter 2006-1.
The MLO must obtain the buyer's signature on a Dual Capacity Disclosure Form, a sample of which has been created by the Division. Failure to do so constitutes improper, fraudulent, or dishonest dealings under Ohio Revised Code § 1322.40(C) and Ohio Administrative Code § 1301:8-7-16(A)
(C) Engage in conduct that constitutes improper, fraudulent, or dishonest dealings
What applies in every state
- Both licenses must be active. The mortgage side is an individual MLO license, sponsored by a licensed mortgage company, with the SAFE test, 20 hours of education and a background check behind it.
- Federal law sits above the state rule. RESPA Section 8 bars pay for a referral, and Regulation Z sets what a loan originator may be paid for. Compensation on the mortgage side is for origination work performed. The RESPA and referral-fee explainer walks through it.
- The lender on the loan has its own rule. FHA permits the dual role since 2022. Conventional lenders decide file by file in writing.
- The buyer keeps the right to choose any lender, and the disclosure says so.