Effective: October 17, 2019
Latest Legislation: House Bill 166 - 133rd General Assembly
(A) An oil and gas land professional who is not otherwise permitted to engage in the activities described in division (A) of section 4735.01 of the Revised Code may perform such activities, if the oil and gas land professional does all of the following:
(1)(a) Registers on an annual basis as an oil and gas land professional with the superintendent of real estate by such date specified and on a form approved by the superintendent, which form includes both of the following:
(i) The name and address of the oil and gas land professional;
(ii) Evidence of the oil and gas land professional's membership in good standing in a national, state, or local professional organization that has been in existence for at least three years and has, as part of its mission, developed a set of standards of performance and ethics for oil and gas land professionals.
(b) Pays an annual fee, established by the superintendent in an amount not to exceed one hundred dollars, which shall accompany the registration.
(2) At or prior to first contacting any landowner or other person with an interest in real estate for the purpose of engaging in the activities of an oil and gas land professional, and on a form approved by the superintendent, discloses to the landowner or other person all of the following:
(a) The oil and gas land professional's name and address as registered with the superintendent;
(b) That the oil and gas land professional is registered as such with the superintendent and is a member in good standing in a national, state, or local professional organization that has been in existence for at least three years and has, as part of its mission, developed a set of standards of performance and ethics for oil and gas land professionals;
(c) That the oil and gas land professional is not a licensed real estate broker or real estate salesperson under Chapter 4735. of the Revised Code;
(d) That the landowner or other person with an interest in real estate may seek legal counsel in connection with any transaction with the oil and gas land professional;
(e) That the oil and gas land professional is not representing the landowner or other person with an interest in real estate.
(3) At or prior to entering into any agreements for the purpose of exploring for, transporting, producing, or developing oil and gas mineral interests including, but not limited to, oil and gas leases and pipeline easements with any landowner or other person with an interest in real estate, and on a form approved by the superintendent, discloses to the landowner or other person with an interest in real estate all of the following:
(a) The oil and gas land professional's name and address as registered with the superintendent;
(b) That the oil and gas land professional is registered as such with the superintendent and a member in good standing in a national, state, or local professional organization that has been in existence for at least three years and has, as part of its mission, developed a set of standards of performance and ethics for oil and gas land professionals;
(c) That the oil and gas land professional is not a licensed real estate broker or real estate salesperson under Chapter 4735. of the Revised Code;
(d) That the landowner or other person may seek legal counsel in connection with any transaction with the oil and gas land professional;
(e) That the oil and gas land professional is not representing the landowner or other person with an interest in real estate.
(B) Any oil and gas land professional who must be registered as such with the superintendent pursuant to this section who ceases to be a member in good standing of an organization described in division (A)(1)(a)(ii) of this section shall report the change in membership status to the superintendent within thirty days of that change. Failure to report such change in membership status shall result in the automatic suspension of registration status and subject the registrant to the penalties for unlicensed activity as found in section 4735.052 of the Revised Code.
(C) Any oil and gas land professional who fails to register with the superintendent pursuant to this section is subject to the penalties for unlicensed activity as found in section 4735.052 of the Revised Code.
Structure Ohio Revised Code
Title 47 | Occupations-Professions
Chapter 4735 | Real Estate Brokers
Section 4735.01 | Real Estate Broker Definitions.
Section 4735.02 | Requirement of License.
Section 4735.021 | Contracts - Fees.
Section 4735.022 | Nonresident Commercial Brokers and Salespersons.
Section 4735.023 | Oil and Gas Land Professionals.
Section 4735.03 | Ohio Real Estate Commission - Powers and Duties.
Section 4735.04 | Subpoena Power.
Section 4735.05 | Organization of Commission - Confidentiality.
Section 4735.051 | Investigating Complaints.
Section 4735.052 | Civil Penalty.
Section 4735.06 | Broker's License Application.
Section 4735.07 | Broker's Examination - License Qualifications.
Section 4735.08 | Conditions for Issuing License.
Section 4735.081 | Designation of Principal Broker.
Section 4735.09 | Salesperson's Application - License Qualifications.
Section 4735.091 | Relationship With Brokerage.
Section 4735.10 | Administrative Rules.
Section 4735.11 | License Form and Size.
Section 4735.12 | Real Estate Recovery Fund.
Section 4735.13 | Definite Place of Business Required; Display and Care of Licenses.
Section 4735.14 | License Term; Notice of Change of Address; Notice of Renewal.
Section 4735.141 | Continuing Education.
Section 4735.142 | License on Permanently Resigned Status.
Section 4735.143 | Criminal Records Check.
Section 4735.15 | Nonrefundable Fees.
Section 4735.16 | Sign on Business Premises; Advertising.
Section 4735.17 | License for Nonresidents.
Section 4735.18 | Disciplinary Actions.
Section 4735.181 | Sanctions for Noncompliance With Statutory Requirements - Disposition of Fines.
Section 4735.182 | Fee Instrument Returned Unpaid - Additional Fee - Sanctions.
Section 4735.19 | Records of Commission.
Section 4735.20 | Commissions, Fees, or Other Compensation.
Section 4735.21 | Right of Action - Limits on Salespersons.
Section 4735.211 | Division of Real Estate Operating Fund.
Section 4735.22 | Referral of Home Inspectors.
Section 4735.23 | Review of Programs.
Section 4735.24 | Earnest Money to Be Maintained in Special Account.
Section 4735.25 | Dealing in Foreign Real Estate.
Section 4735.26 | Refusing to Qualify Foreign Real Estate.
Section 4735.27 | Foreign Real Estate Dealer's License.
Section 4735.28 | Foreign Real Estate Salesperson's License.
Section 4735.30 | False Representations of Material or Relevant Facts.
Section 4735.32 | Investigations.
Section 4735.33 | Effect of Child Support Default on License.
Section 4735.51 | Agency Relationship - Disclosure Definitions.
Section 4735.52 | Scope of Chapter.
Section 4735.53 | Agency Relationships Permitted.
Section 4735.54 | Written Company Policy for Types of Agency Relationships for Brokerage.
Section 4735.55 | Written Agency Agreements.
Section 4735.56 | Written Brokerage Policy on Agency Required - Disclosure to Client.
Section 4735.57 | Agency Disclosure Statement - Dual Agency Disclosure.
Section 4735.58 | When Disclosure Statements to Be Provided.
Section 4735.59 | Changing the Party a Licensee Represents.
Section 4735.60 | Licensee Representing Purchaser Disclosures.
Section 4735.61 | Prohibiting False Information.
Section 4735.62 | Fiduciary Duties Generally.
Section 4735.621 | Waiver of Fiduciary Duties.
Section 4735.63 | Representing Seller in Agency Relationship - Duty to Promote Interests of Client.
Section 4735.64 | Representing Seller in Agency Relationship - Prohibited Acts.
Section 4735.65 | Representing Buyer in Agency Relationship - Duty to Promote Interests of Client.
Section 4735.66 | Representing Buyer in Agency Relationship - Prohibited Acts.
Section 4735.67 | Disclosures to Purchaser.
Section 4735.68 | Liability for False Information.
Section 4735.69 | Assisting Party Who Is Not a Client.
Section 4735.70 | Dual Agency Definitions.
Section 4735.71 | Dual Agency - Disclosure Statement.
Section 4735.72 | Dual Agency - Brokerage and Management Level Licensees.
Section 4735.74 | Duties Following Closing of Transaction.
Section 4735.75 | Authorization of Other Brokers by Exclusive Agent.
Section 4735.76 | Compliance With Law Regarding Sanctions for Human Trafficking.