Effective: April 6, 2017
Latest Legislation: House Bill 532 - 131st General Assembly
(A) Each brokerage shall designate at least one affiliated broker to act as the principal broker of the brokerage. Any affiliated broker not so designated shall be an associate broker or management level licensee for that brokerage.
(B) A brokerage shall report any change in designation as a principal broker to the superintendent not later than fifteen days after the change occurs.
(C) Every principal broker of a brokerage shall do all of the following:
(1) Oversee and direct the operations of the brokerage;
(2) Comply with the office requirements set forth in division (A) of section 4735.13 and division (A) of section 4735.16 of the Revised Code;
(3) Display, as required by division (D) of section 4735.16 of the Revised Code and division rules, the fair housing statement in the brokerage offices and on the pamphlets required by that section and section 4735.03 of the Revised Code and the rules adopted by the Ohio real estate commission;
(4) Renew the licenses of the brokerage and any branch offices as required by section 4735.14 of the Revised Code and pay the fee required under division (B)(2) of section 4735.15 of the Revised Code and commission rules;
(5) Maintain the licenses of the brokerage and affiliated salespersons and brokers as required by section 4735.13 of the Revised Code;
(6) Return the license of terminated salespersons and brokers as required by division (B) of section 4735.13 of the Revised Code;
(7) Comply with the trust or special bank account requirements set forth in divisions (A)(26) and (27) of section 4735.18 and section 4735.24 of the Revised Code and commission rules;
(8) Maintain complete and accurate trust account records and transaction records as required by division (A)(24) of section 4735.18 of the Revised Code and commission rules;
(9) Develop and maintain a written company policy on agency relationships as required by section 4735.54 of the Revised Code and rules adopted by the superintendent of real estate and professional licensing;
(10) Develop a written brokerage policy on agency required by section 4735.56 of the Revised Code;
(11) Pay affiliate licensees as required by division (A) (31) of section 4735.18 of the Revised Code;
(12) Establish practices and procedures to assure that only affiliated licensees perform and are compensated for performing the licensed activity as required by division (A)(34) of sections 4735.18 and 4735.20 of the Revised Code;
(13) Establish practices and procedures to assure compliance with the advertising requirements set forth in section 4735.16 of the Revised Code and commission rules;
(14) Generally oversee the licensed activity of affiliated licensees and to assure that affiliated licensees are providing real estate services within their area of competency or are working with another affiliated licensee who possesses such a competency.
(D) The principal broker or brokers of a brokerage may assign to a management level licensee any of the duties described in division (C) of this section or in commission rules.
(E) The superintendent may permit a broker to be licensed with and act as the principal broker for more than one brokerage.
(F) Nothing in this section shall be considered prima facie evidence of whether an affiliated licensee is an independent contractor or an employee of the brokerage.
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.