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Can a real estate agent be the loan officer on the same deal in Ohio?

Yes

By Gary Basin, co-founder of Ike · Reviewed

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 Ohio repealed its ban on the dual role, and the Division of Financial Institutions now requires a borrower-signed Dual Capacity Disclosure on every transaction where one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Upon review of federal law and the law of other states, the Division has repealed the prohibition set forth in Mortgage Brokers & Lenders Letter 2006-1.
Ohio DFI Residential Mortgage Lending Letter 2024-01 (June 6, 2024). Ohio Division of Financial Institutions Dual Capacity for Realtors and Brokers, read October 15, 2026.
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)
Ohio DFI Residential Mortgage Lending Letter 2024-01 (June 6, 2024). Ohio Division of Financial Institutions Dual Capacity Disclosure Form requirement, read October 15, 2026.
(C) Engage in conduct that constitutes improper, fraudulent, or dishonest dealings
Ohio Rev. Code § 1322.40(C). Ohio Residential Mortgage Lending Act prohibited acts, read October 15, 2026.

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.

Join the interest list

Ike is preparing to sponsor real-estate agents as part-time loan originators, state by state. Tell us your state and we will write when there is news for agents there.

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This page is general information about state licensing rules, not legal advice, and not a statement by any regulator. Rules change. Confirm the current rule with the state regulator or a licensed attorney before acting on it.

Mortgage services are offered by Ike Mortgage LLC, a wholly owned subsidiary of Eichler Inc. Ike Mortgage LLC is preparing its mortgage license applications and is not yet licensed in any state. Its NMLS identifier will appear here when issued.

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