Effective: April 5, 2019
Latest Legislation: Senate Bill 255 - 132nd General Assembly
(A) No real estate broker or salesperson licensed pursuant to this chapter shall fail to comply with divisions (B) and (D) of section 4735.13, division (D) of section 4735.14, or sections 4735.22, 4735.55, 4735.56, and 4735.58 of the Revised Code or any rules adopted under those divisions or sections.
(B) When the superintendent determines that a licensee has violated division (A) of this section, the superintendent may do either of the following:
(1) Initiate disciplinary action under section 4735.051 of the Revised Code, in accordance with Chapter 119. of the Revised Code;
(2) Personally, or by certified mail, serve a citation and impose sanctions in accordance with this section upon the licensee.
(C) Every citation served under this section shall give notice to the licensee of the alleged violation or violations charged and inform the licensee of the opportunity to request a hearing in accordance with Chapter 119. of the Revised Code. The citation also shall contain a statement of a fine of up to two hundred dollars per violation. All fines collected pursuant to this section shall be credited to the real estate recovery fund, created in the state treasury under section 4735.12 of the Revised Code.
(D) If any licensee is cited three times under this section within twelve consecutive months, the superintendent shall initiate disciplinary action pursuant to section 4735.051 of the Revised Code for any subsequent violation that occurs within the same twelve-month period.
If a licensee fails to request a hearing within thirty days after the date of service of the citation, or the licensee and the superintendent fail to reach an alternative agreement, the citation shall become final.
(E) Unless otherwise indicated, the licensee named in a final citation under this section must meet all requirements contained in the final citation within thirty days after the effective date of that citation.
(F) The superintendent shall suspend automatically a licensee's license if the licensee fails to comply with division (E) of this section.
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.