Effective: July 1, 2005
Latest Legislation: House Bill 431 - 125th General Assembly
(A) No lending institution, as defined in section 175.01 of the Revised Code, that is affiliated with or authorized to be affiliated with a real estate broker and that provides real estate brokerage services to third parties shall fix or vary the terms and conditions on a mortgage loan or the granting of a mortgage loan on the condition or requirement that the customer of the lending institution use or employ the services of the affiliated real estate broker.
(B) A lending institution, service corporation, or any person engaged in providing real estate brokerage services to third parties at all times shall be identified as separate and distinct from any lending institution with which it is affiliated or associated and shall hold itself out as separate and distinct by doing both of the following:
(1) Providing full and complete disclosure in writing of its relationship with the lending institution to persons who employ it to provide real estate brokerage services;
(2) Separately identifying any office space it uses in any building also used by the lending institution.
(C) No service corporation, real estate broker, or person associated with a lending institution shall represent to the public or to any person employing the corporation, real estate broker, or person to provide real estate brokerage services that the lending institution offers different terms and conditions on mortgage loans to those who employ the corporation, real estate broker, or person for real estate brokerage services than to persons who do not so employ the corporation, real estate broker, or person.
(D) This section does not apply to real estate owned by lending institutions.
(E) Subject to division (F) of this section, the director of commerce and appropriate division superintendents within the department of commerce shall enforce this section.
(F)(1)(a) The superintendent of real estate shall enforce and administer this section insofar as it relates to persons licensed as real estate brokers pursuant to Chapter 4735. of the Revised Code. In that enforcement and administration, the superintendent possesses and may use the authority conferred by that chapter.
(b) The director of commerce and the superintendent of any division within the department of commerce that has jurisdiction over a particular lending institution shall enforce and administer this section insofar as it relates to that lending institution. The superintendent of real estate shall not enforce and administer this section insofar as it relates to any lending institution.
(2) Any licensed real estate broker subject to division (B) or (C) of this section who fails to comply with either division is guilty of misconduct for purposes of division (A)(6) of section 4735.18 of the Revised Code.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1349 | Consumer Protection
Section 1349.01 | Responsible Party Fails to Obtain Health Insurance.
Section 1349.02 | Termination of Motor Vehicle Lease by Person on Active Duty.
Section 1349.03 | Termination of Cellular Phone Contract by Person on Active Duty.
Section 1349.04 | Consumer Protection of Persons on Active Military Duty.
Section 1349.05 | Solicitation of Employment by Health Care Practitioner.
Section 1349.06 | Flea Market Sales Record of Purchases.
Section 1349.17 | Restricting Recording Credit Card, Telephone or Social Security Numbers.
Section 1349.18 | Printing Credit Card Number and Expiration Date on Receipt.
Section 1349.19 | Private Disclosure of Security Breach of Computerized Personal Information Data.
Section 1349.191 | Investigation of Noncompliance With Disclosure Laws.
Section 1349.192 | Civil Action by Attorney General for Violation of Disclosure Laws.
Section 1349.20 | Escrow Transactions Concerning Residential Realty Definitions.
Section 1349.21 | Disbursing From an Escrow Account.
Section 1349.22 | Advancing Funds for Incidental Fees.
Section 1349.25 | Covered Loan Definitions.
Section 1349.26 | Disclosures of Creditor Concerning Covered Loans.
Section 1349.27 | Creditor or Assignee - Prohibitions.
Section 1349.271 | Rules for Prepurchase Counseling.
Section 1349.29 | Right to Rescind.
Section 1349.30 | Voluntary Adjustments Correcting Errors.
Section 1349.31 | Criminal Proceedings Initiated.
Section 1349.32 | Conforming Ohio Law to Federal Law.
Section 1349.33 | Rules Adopting Similar Provisions Where Federal Law Is Amended or Modified.
Section 1349.34 | Examination and Investigation of Records.
Section 1349.35 | Annual Report.
Section 1349.36 | Administrative Rules.
Section 1349.37 | Office of Consumer Affairs.
Section 1349.41 | Prohibited Conduct in Mortgage Loan Sale or Purchase.
Section 1349.43 | Internet Database - Violations and Enforcement Information.
Section 1349.44 | Report on Financial Institutions Division Operations.
Section 1349.45 | Misleading or Deceptive Use of Financial Institution Name or Logo Prohibited.
Section 1349.51 | Prohibiting Disclosure of Certain Consumer Information.
Section 1349.52 | Security Freeze on Consumer Credit Report.
Section 1349.521 | Security Freeze on Consumer Credit Cards.
Section 1349.53 | Civil Action for Noncompliance With Security Freeze.
Section 1349.55 | Non-Recourse Civil Litigation Advance Contracts.
Section 1349.61 | Sale of Gift Card Expiring Within Two Years of Sale Prohibited.
Section 1349.65 | High-Volume Seller Definitions.
Section 1349.66 | High-Volume Seller Notification Requirements.
Section 1349.67 | High-Volume Seller Disclosure Requirements.
Section 1349.68 | High-Volume Seller Requirement Enforcement.
Section 1349.69 | Security Procedures and Practices.
Section 1349.70 | High-Volume Seller Duty to Disclose Certain Information.
Section 1349.71 | Partial Disclosure.
Section 1349.72 | Product Listing Disclosure.
Section 1349.73 | Penalty for Failing to Comply With Disclosure Requirements.
Section 1349.74 | Unfair or Deceptive Act Under Cspa.
Section 1349.75 | Severability.
Section 1349.76 | Legislative Intent.
Section 1349.80 | Live Musical Performance Definitions.
Section 1349.81 | Deception Respecting Relationship of Performing and Recording Group.