When you signed your independent contractor agreement, you probably focused on the big things......your split, the brokerage support, maybe marketing perks. But buried in that paperwork, some
Position Statement on Non-Compete Agreements in Real Estate
Dated: August 26 2025
Views: 483
Non-compete agreements for real estate agents have no place in the real estate profession. They do not protect consumers, they do not improve professionalism, and they do not advance the interests of the public. Instead, they restrict choice, stifle competition, and allow brokerages to exercise control over agents in a way that creates more harm than good.
A real estate license is a professional credential. Agents earn their license by meeting educational standards, passing state exams, and adhering to a strict code of conduct. The license belongs to the agent, not to the brokerage. It exists to protect the public, not to give brokerages leverage to keep agents from pursuing opportunities in the market.
Consumers hire agents based on trust and personal relationships. When a non-compete prevents an agent from serving a client simply because they have changed brokerages, it interferes with consumer choice. Sellers and buyers should not lose the right to work with the person they trust because of a contract designed to benefit a brokerage.
Non-competes also create unnecessary hardship for agents. Real estate professionals are often independent contractors who rely on their ability to move between brokerages to find the right fit for their business. Locking them into one brokerage by threat of litigation undermines the entrepreneurial nature of the profession and leaves agents vulnerable to exploitation.
The courts in Ohio have struggled with this issue, as seen in the Burton Minnick Realty case and others. Judges are asked to weigh “reasonableness” and public policy on a case-by-case basis, which leads to inconsistent results and wasted resources. The better solution is clarity. Licensed agents should be free to move without restriction, and consumers should be free to choose their representation.
Other industries are already moving away from non-competes. The Federal Trade Commission has proposed a nationwide ban. Ohio has an opportunity to lead by establishing a carve-out in our state law that prohibits non-compete agreements for licensed real estate salespeople and brokers. This would align with the purpose of our licensing laws, which are designed to protect the public and uphold standards of professionalism, not to give brokerages power to restrain trade.
As a statewide brokerage serving markets throughout Ohio, we are calling on the Ohio Division of Real Estate and the Ohio Legislature to take up this issue and bring needed clarity. A simple statutory amendment could resolve the matter by making any covenant not to compete between a broker and a licensed agent void and unenforceable.
The real estate profession thrives on trust, mobility, and open competition. Removing non-competes will protect consumers, support agents, and strengthen the industry as a whole.
Latest Blog Posts
Non-compete agreements for real estate agents have no place in the real estate profession. They do not protect consumers, they do not improve professionalism, and they do not advance the interests
The real estate market is undergoing significant changes that are reshaping how buyers and sellers approach transactions. Whether you’re planning to buy your dream home or sell your current
The decision to sell your home is a significant one, and with recent changes in the real estate landscape, it's understandable to feel uncertain. At Berkshire Hathaway HomeServices Professional
© 2026 Dayton Area Board of Realtors. All rights reserved. Information deemed to be reliable but not guaranteed. The data relating to real estate for sale on this website comes from Dayton Area Board of Realtors and the Broker Reciprocity Program.sm. Real estate listings held by brokerage firms other than Berkshire Hathaway HomeServices Professional Realty are marked with the BR logo and detailed information about them includes the name of the listing brokers. Listing broker has attempted to
The data relating to real estate for sale on this web site comes
in part from the Broker Reciprocity™ program of the Multiple
Listing Service of Greater Cincinnati. Real estate listings held by
brokerage firms other than Berkshire Hathaway HomeServices Professional Realty are marked with the MLS ™ logo
(the small logo to the left) and detailed information about them includes
the name of the listing brokers. The information herein is furnished
All information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) or information provider(s) shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless. Listing(s) information is provided for consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. The data relating
© MLS Now, INC - Northern Ohio Regional Multiple Listing Service All information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) or information provider(s) shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless. Listing(s) information is provided for consumer's personal, non-commercial use and may not be used for any purpose other than to identify prospective
All information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) or information provider(s) shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless. Listing(s) information is provided for consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Information on this
Columbus REALTOR® and Central Ohio Regional Multiple Listing Service, Inc .All information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) or information provider(s) shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless. Listing(s) information is provided for consumer's personal, non-commercial use and may not be used for any purpose other than to identify prospective
West Central Association Of REALTORS® All information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) or information provider(s) shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless. Listing(s) information is provided for consumer's personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be
The data relating to real estate for sale on this web site comes in part from the Internet Data Exchange Program of Western Regional Information Systems and Technology, Inc. Real estate listings held by brokerage firms other than this site owner are marked with the IDX logo. "WRIST, Inc. deems information reliable but not guaranteed."
Copyright 2026 of Western Regional Information Systems and Technology, Inc. All rights reserved.
This content last refreshed on September 11, 2026 4:46 PM UTC
All information deemed reliable but not guaranteed and should be independently verified. All properties are subject to prior sale, change or withdrawl. Neither listing broker(s) nor SE IN BD REALTORS shall be held responsible for typographical errors, misinformation, misprints and shall be held totally harmless.
Information should be deemed reliable but not guaranteed, all representations are approximate, and individual verification is recommended. Copyright ©2017 All rights reserved.
Greater Erie Board of Realtors® Inc. All information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) or information provider(s) shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless. Listing(s) information is provided for consumer's personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be
Ashland Board Of Realtors® (AOBOR)
All information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) or information provider(s) shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless. Listing(s) information is provided for consumer's personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested
Kanawha Valley Board of REALTORS® All information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) or information provider(s) shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless. Listing(s) information is provided for consumer's personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. The data relating to real estate for sale on this website comes in part from the Internet Data Exchange program of the Multiple Listing Service. Real estate listings held by brokerage firms other than Berkshire Hathaway HomeServices Professional Realty may be marked with the Internet Data Exchange logo and detailed information about those properties will include the name of the listing broker(s) when required by the MLS. Copyright ©2026 All rights reserved.
Last Updated: September 11, 2026 4:46 PM UTC
