reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.50 | Notice or Warnings for Minor Violations.

Effective:
August 22, 2007
Latest Legislation:
Senate Bill 33 - 127th General Assembly
This chapter does not require the state chiropractic board to act on minor violations of this chapter or the rules adopted under it, if the violations are committed by individuals licensed to practice chiropractic or certified to practice acupuncture under this chapter and the board determines that the public interest is adequately served by issuing a notice or warning to the alleged offender.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.53 | Fines.

Effective:
April 10, 2001
Latest Legislation:
House Bill 506 - 123rd General Assembly
All fines collected for violation of section 4734.14 or 4734.161 of the Revised Code shall be distributed as follows: one half to the state chiropractic board for deposit in accordance with section 4734.54 of the Revised Code and one half to the treasury of the county or municipal corporation in which the offense was committed.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.54 | Depositing Receipts.

Effective:
April 10, 2001
Latest Legislation:
House Bill 506 - 123rd General Assembly
All moneys received by the state chiropractic board shall be paid into the state treasury and credited to the occupational licensing and regulatory fund. Moneys credited to the fund that are the result of fines collected under section 4734.53, fines collected under section 4734.31, and amounts awarded under section 4734.49 of the Revised Code shall be used solely for purposes related to the board's enforcement of this chapter. Moneys credited to the fund that are the result of any fee charged under section 4734.21 of the Revised Code shall be used solely for purposes related to implementing that section.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.55 | Providing Information - Duplicate License.

Effective:
August 22, 2007
Latest Legislation:
Senate Bill 33 - 127th General Assembly
The state chiropractic board shall provide a duplicate license to practice chiropractic or certificate to practice acupuncture to a license or certificate holder on payment of a fee of forty-five dollars.
Upon written request and the payment of a fee of ninety-five dollars, the board shall provide to any person a list of persons holding licenses to practice chiropractic or certificates to practice acupuncture, as indicated in its register maintained pursuant to section 4734.04 of the Revised Code.
Upon written request from the holder of a license or certificate issued under this chapter for the board's certification of information pertaining to the license or certificate, and the payment of a fee of twenty dollars, the board shall issue its certification of the information to the person identified by the licensee or certificate holder in the request.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.56 | Fees in Excess of Statutory Amounts.

Effective:
April 10, 2001
Latest Legislation:
House Bill 506 - 123rd General Assembly
The state chiropractic board, subject to the approval of the controlling board, may establish fees in excess of the amounts specified in this chapter, provided that such fees do not exceed the amounts specified by more than fifty per cent.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.57 | Compliance With Law Regarding Sanctions for Human Trafficking.

Effective:
March 22, 2013
Latest Legislation:
House Bill 247 - 129th General Assembly
The state chiropractic board shall comply with section 4776.20 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.60 | Telehealth Services.

Effective:
March 23, 2022
Latest Legislation:
House Bill 122 - 134th General Assembly
A chiropractor may provide telehealth services in accordance with section 4743.09 of the Revised Code.
Last updated January 27, 2022 at 3:29 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4734 | Chiropractors › Section 4734.99 | Penalty.

Effective:
August 22, 2007
Latest Legislation:
Senate Bill 33 - 127th General Assembly
(A) Whoever violates section 4734.14 or 4734.141 of the Revised Code is guilty of a felony of the fifth degree on a first offense, unless the offender previously has been convicted of or has pleaded guilty to a violation of section 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.40, 2913.47, 2913.48, 2913.51, 2921.13, 4715.09, 4723.03, 4725.02, 4725.41, 4729.27, 4729.28, 4729.36, 4729.51, 4729.61, 4730.02, 4731.41, 4731.43, 4731.46, 4731.47, 4731.60, 4732.21, 4741.18, 4741.19, 4755.48, 4757.02, 4759.02, 4761.10, or 4773.02 of the Revised Code or an offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to a violation of any of those sections, in which case the offender is guilty of a felony of the fourth degree. For each subsequent offense, the offender is guilty of a felony of the fourth degree.
(B) Whoever violates section 4734.161 of the Revised Code is guilty of a misdemeanor of the first degree.
(C) Whoever violates division (A), (B), (C), or (D) of section 4734.32 of the Revised Code is guilty of a minor misdemeanor on a first offense; on each subsequent offense, the person is guilty of a misdemeanor of the fourth degree, except that an individual guilty of a subsequent offense shall not be subject to imprisonment, but to a fine alone of up to one thousand dollars for each offense.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.02 | Requirement of License.

Effective:
December 9, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) Except as provided in section 4735.022 of the Revised Code, no person, partnership, association, limited liability company, limited liability partnership, or corporation shall act as a real estate broker or real estate salesperson, or advertise or assume to act as such, without first being licensed as provided in this chapter. No person, partnership, association, limited liability company, limited liability partnership, or corporation shall provide services that require a license under this chapter if the licensee's license is inactive, suspended, resigned, or a broker's license on deposit, or if the license has been revoked. Nothing contained in this chapter shall be construed as authorizing a real estate broker or salesperson to perform any service constituting the practice of law.
(B) No partnership, association, limited liability company, limited liability partnership, or corporation holding a real estate license shall employ as an officer, director, manager, or principal employee any person previously holding a license as a real estate broker, real estate salesperson, foreign real estate dealer, or foreign real estate salesperson, whose license has been placed in inactive or resigned status, or is suspended, or revoked and who has not thereafter reactivated the license or received a new license.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.021 | Contracts - Fees.

Effective:
April 8, 1977
Latest Legislation:
House Bill 23 - 112th General Assembly
(A) Every licensee who is engaged in the business of referring prospective tenants to possible rental units or locations and who charges the prospective tenants a fee shall enter into a written contract with any prospective tenant and shall give him a copy of the contract. The licensee shall disclose in the contract the manner in which the listings of units have been obtained. All contracts entered into pursuant to this section shall stipulate that any fee charged in excess of ten dollars shall be repaid or refunded to the prospective tenant, upon demand, but no sooner than thirty days after the contract has been entered into and no later than sixty days after the contract has been entered into, if he does not obtain a rental conforming to his specifications through the listing furnished by the licensee. If the information concerning rentals furnished by the licensee is not current or accurate, the full fee shall be repaid or refunded to the prospective tenant upon demand.
(B) No licensee shall refer a prospective tenant to any property without the consent of the owner or to any nonexistent address.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.08 | Conditions for Issuing License.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
The superintendent of real estate shall issue a real estate broker's license when the superintendent is satisfied that:
(A) An applicant who is not a partnership, association, limited liability company, limited liability partnership, or corporation has received a passing score on each portion of the real estate broker's examination as determined by rule by the real estate commission.
(B) All the members or officers who are authorized to perform the functions of a real estate broker as the agents of an applicant that is a partnership, association, limited liability company, limited liability partnership, or corporation, are licensed themselves as real estate brokers under this chapter.
Last updated December 29, 2023 at 6:13 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.091 | Relationship With Brokerage.

Effective:
April 6, 2017
Latest Legislation:
House Bill 532 - 131st General Assembly
A real estate broker, real estate salesperson, foreign real estate dealer, and foreign real estate salesperson may be associated with a brokerage as either an employee or an independent contractor.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.11 | License Form and Size.

Effective:
September 22, 2000
Latest Legislation:
House Bill 524 - 123rd General Assembly
The form and size of licenses issued under this chapter shall be prescribed by the Ohio real estate commission. Each broker's or foreign real estate dealer's license shall show the name and address of the licensee, and in the case of partnership, association, limited liability company, limited liability partnership, and corporation licenses, the name and address of each of the members or officers of the partnership, association, limited liability company, limited liability partnership, or corporation. A real estate salesperson's license or a foreign real estate salesperson's license shall show the name of the real estate broker or foreign real estate dealer with whom the salesperson is or is to be associated. Each license shall be issued under the seal prescribed in section 121.20 of the Revised Code and be signed by the president of the commission.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.142 | License on Permanently Resigned Status.

Effective:
April 6, 2017
Latest Legislation:
House Bill 532 - 131st General Assembly
(A) Any person licensed under section 4735.07 or 4735.09 of the Revised Code, at any time prior to the date the licensee is required to file a notice of renewal pursuant to division (B) of section 4735.14 of the Revised Code may apply to the superintendent of real estate and professional licensing to place the licensee's license in a permanently resigned status.
(B) A licensee, at any time during which a license has been suspended pursuant to division (G) of section 4735.07, division ( J) of section 4735.09, division (E) of section 4735.12, division (C) of section 4735.14, division (C) of section 4735.141, or section 4735.182 of the Revised Code, may apply to the superintendent on a form prescribed by the superintendent to permanently resign the licensee's license voluntarily. The resignation of a license is considered to be final without the taking of any action by the superintendent.
(C) If a person whose license is in a permanently resigned status pursuant to a request made under this section wishes to obtain an active or inactive license, the person shall apply for such a license in accordance with the requirements specified in section 4735.07 or 4735.09 of the Revised Code, as applicable, or in the rules adopted by the commission pursuant to division (A) of section 4735.10 of the Revised Code.
(D) If placing a broker's license in a permanently resigned status will result in the closure of the broker's brokerage, the broker, within three days after applying to the superintendent to place the license in a permanently resigned status, shall provide to each salesperson associated with that broker a written notice stating that fact.
(E) This section does not apply to any licensee whose license has been suspended pursuant to division (F) of section 4735.181 of the Revised Code or due to disciplinary action ordered by the commission pursuant to section 4735.051 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.15 | Nonrefundable Fees.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The nonrefundable fees for reactivation or transfer of a license shall be as follows:
(1) Reactivation or transfer of a broker's license into or out of a partnership, association, limited liability company, limited liability partnership, or corporation or from one partnership, association, limited liability company, limited liability partnership, or corporation to another partnership, association, limited liability company, limited liability partnership, or corporation, thirty-four dollars. An application for such transfer shall be made to the superintendent of real estate on forms provided by the superintendent.
(2) Reactivation or transfer of a license by a real estate salesperson, thirty-four dollars.
(B) Except as may otherwise be specified pursuant to division (F) of this section or any rules adopted by the Ohio real estate commission pursuant to division (A)(2)(b) of section 4735.10 of the Revised Code, the nonrefundable fees are as follows for each licensing period:
(1) Branch office license, twenty dollars;
(2) Renewal of a three-year real estate broker's license, two hundred forty-three dollars. If the licensee is a partnership, association, limited liability company, limited liability partnership, or corporation, the full broker's renewal fee shall be required for each member of such partnership, association, limited liability company, limited liability partnership, or corporation that is a real estate broker. If the real estate broker has not less than eleven nor more than twenty real estate salespersons associated with the broker, an additional fee of sixty-four dollars shall be assessed to the brokerage. For every additional ten real estate salespersons or fraction of that number, the brokerage assessment fee shall be increased in the amount of thirty-seven dollars.
(3) Renewal of a three-year real estate salesperson's license, one hundred eighty-two dollars;
(4) Renewal of a real estate broker's or salesperson's license filed within twelve months after the licensee's renewal date, an additional late filing penalty of fifty per cent of the required three-year fee;
(5) Foreign real estate dealer's license and each renewal of the license, thirty dollars per salesperson employed by the dealer, but not less than two hundred three dollars;
(6) Foreign real estate salesperson's license and each renewal of the license, sixty-eight dollars.
(C) All fees collected under this section shall be paid to the treasurer of state.
(D) In all cases, the fee and any penalty shall accompany the application for the license, license transfer, or license reactivation or shall accompany the filing of the renewal.
(E) The commission may establish by rule reasonable fees for services not otherwise established by this chapter.
(F) The commission may adopt rules that provide for a reduction in the fees established in divisions (B)(2) and (3) of this section.
Last updated September 20, 2023 at 12:26 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.17 | License for Nonresidents.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
Licenses may be issued under sections 4735.01 to 4735.23 of the Revised Code, to nonresidents of this state and to foreign corporations, subject to the following additional requirements:
(A) The licensee, if a broker, shall maintain an active place of business in this state. A post office box is not an active place of business for purposes of this section.
(B) Every nonresident applicant shall file an irrevocable consent that suits and actions may be commenced against such applicant in the proper court of any county of this state in which a cause of action may arise or in which the plaintiff may reside by the service of any process or pleading authorized by the laws of this state on the superintendent of real estate. The consent shall stipulate that such service shall be taken and held in all courts as valid and binding as if proper service had been made upon the applicant in this state. The instrument containing such consent shall be authenticated by signature or by corporate seal. All applications of firms or corporations shall be accompanied by a certified copy of the resolution of the proper officers or managing board authorizing the proper officer to execute them. A duplicate copy of any process or pleading served on the superintendent shall be immediately forwarded by certified mail to the main office of the licensee against which that process or pleading is directed.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.181 | Sanctions for Noncompliance With Statutory Requirements - Disposition of Fines.

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.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.19 | Records of Commission.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
The Ohio real estate commission shall keep a record of its proceedings and, upon application of an interested party, or upon its own motion and notice to the interested parties, may hold a hearing to consider reversing, vacating, or modifying its own orders. An application shall be filed with the division within fifteen days after the mailing of the notice of the order of the commission to the interested parties. The commission may adopt rules in accordance with Chapter 119. of the Revised Code establishing the circumstances in which an interested party may request reconsideration.
Any applicant or respondent dissatisfied with an order of the commission may appeal in accordance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.21 | Right of Action - Limits on Salespersons.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
No right of action shall accrue to any person, partnership, association, or corporation for the collection of compensation for the performance of the acts mentioned in section 4735.01 of the Revised Code, without alleging and proving that such person, partnership, association, or corporation was licensed as a real estate broker or foreign real estate dealer. Nothing contained in this section shall prevent a right of action from accruing after the expiration of a real estate or foreign real estate license if the act giving rise to the cause of action was performed by a licensee prior to such expiration.
No real estate salesperson or foreign real estate salesperson shall collect any money in connection with any real estate or foreign real estate brokerage transaction, whether as a commission, deposit, payment, rental, or otherwise, except in the name of and with the consent of the licensed real estate broker or licensed foreign real estate dealer under whom the salesperson is licensed at the time the sales person earned the commission. Nor shall any real estate salesperson or foreign real estate salesperson commence or maintain any action for a commission or other compensation in connection with a real estate or foreign real estate brokerage transaction, against any person except a person licensed as a real estate broker or foreign real estate dealer under whom the salesperson is licensed as a salesperson at the time the cause of action arose.
A salesperson licensed under this chapter shall not sell, assign, or otherwise transfer the salesperson's interest in a commission or any portion thereof to an unlicensed person or entity. If a salesperson makes such assignment or transfer, the broker shall not pay the transferee or assignee any portion of the commission. No cause of action shall arise on behalf of any person against a broker for not paying an assignee or transferee any portion of such an assignment or transfer.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.211 | Division of Real Estate Operating Fund.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
All fines imposed under section 4735.051 of the Revised Code, and all fees and charges collected under sections 4735.06, 4735.09, 4735.13, 4735.15, 4735.25, 4735.27, 4735.28, and 4735.29 of the Revised Code, except such fees as are paid to the real estate recovery fund as provided in this chapter, shall be paid into the state treasury to the credit of the division of real estate operating fund, which is hereby created. Operating expenses of the division of real estate shall be paid from the division of real estate operating fund.
The division of real estate operating fund shall be assessed a proportionate share of the administrative costs of the department of commerce in accordance with procedures prescribed by the director of commerce. Such assessments shall be paid from the division of real estate operating fund to the division of administration fund.
Last updated September 20, 2023 at 12:27 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.22 | Referral of Home Inspectors.

Effective:
April 5, 2019
Latest Legislation:
Senate Bill 255 - 132nd General Assembly
If a real estate broker or real estate salesperson provides the name of a home inspector to a purchaser or seller of real estate, the broker or salesperson shall provide the buyer or seller with the names of at least three home inspectors. Any home inspector named shall be licensed under Chapter 4764. of the Revised Code. Providing a purchaser or seller of real estate with the names of licensed home inspectors does not constitute an endorsement or recommendation of those inspectors and does not obligate the broker or salesperson to satisfy any due diligence requirements with respect to the licensed home inspectors. This section does not require a broker or salesperson to provide purchasers or sellers of real estate with information on home inspection services or home inspectors. No cause of action shall arise against a broker or salesperson for providing or failing to provide the names of licensed home inspectors or information on home inspection services or for failing to recommend a licensed home inspector to a purchaser or seller.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.23 | Review of Programs.

Effective:
April 6, 2017
Latest Legislation:
House Bill 532 - 131st General Assembly
At the request of the superintendent of real estate, the department of higher education may, in consultation with the division of real estate, perform a review of programs offered by an institution of higher education pursuant to division (B)(6)(a) or (b) of section 4735.07 and division (F)(6) of section 4735.09 of the Revised Code. The superintendent or the chancellor of higher education may request from the institution any information the superintendent or chancellor considers necessary to perform this review.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.24 | Earnest Money to Be Maintained in Special Account.

Effective:
April 12, 2021
Latest Legislation:
Senate Bill 276 - 133rd General Assembly
(A) Except as otherwise provided in this section, when earnest money connected to a real estate purchase agreement is deposited in a real estate broker's trust or special account, the broker shall maintain that money in the account in accordance with the terms of the purchase agreement until one of the following occurs:
(1) The transaction closes and the broker disburses the earnest money to the closing or escrow agent or otherwise disburses the money pursuant to the terms of the purchase agreement.
(2) The parties provide the broker with separate written instructions that both parties have signed that specify how the broker is to disburse the earnest money and the broker acts pursuant to those instructions.
(3) The broker receives a copy of a final court order that specifies to whom the earnest money is to be awarded and the broker acts pursuant to the court order.
(4) The earnest money becomes unclaimed funds as defined in division (M)(2) of section 169.02 of the Revised Code and, after providing the notice that division (E) of section 169.03 of the Revised Code requires, the broker has reported the unclaimed funds to the director of commerce pursuant to section 169.03 of the Revised Code and has remitted all of the earnest money to the director.
(B) A purchase agreement may provide that in the event of a dispute regarding the disbursement of the earnest money, the broker will return the money to the purchaser without notice to the parties unless, within two years from the date the earnest money was deposited in the broker's trust or special account, the broker has received one of the following:
(1) Written instructions signed by both parties specifying how the money is to be disbursed;
(2) Written notice that a court action to resolve the dispute has been filed.
(C)(1) If the parties dispute the disbursement of the earnest money and the purchase agreement contains the provision described in division (B) of this section, not later than the first day of September following the two year anniversary date of the deposit of the earnest money in the broker's account, the broker shall return the earnest money to the purchaser unless the parties provided the broker with written instructions or a notice of a court action as described in division (B) of this section.
(2) If the broker cannot locate the purchaser at the time the disbursement is due, after providing the notice that division (E) of section 169.03 of the Revised Code requires, the broker shall report the earnest money as unclaimed funds to the director of commerce pursuant to section 169.03 of the Revised Code and remit all of the earnest money to the director.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.26 | Refusing to Qualify Foreign Real Estate.

Effective:
September 11, 1985
Latest Legislation:
House Bill 82 - 116th General Assembly
(A) If the superintendent of real estate has refused to qualify any foreign real estate under section 4735.25 of the Revised Code, or has suspended or revoked the qualification of any foreign real estate, the aggrieved party may appeal in accordance with Chapter 119. of the Revised Code.
(B) An order sustaining the refusal of the superintendent to qualify any foreign real estate, or sustaining the superintendent in suspending or revoking the qualification of any foreign real estate shall not bar, after ten days from the order, a new application by the plaintiff for qualification or for a withdrawal of the revocation or suspension. An order in favor of the plaintiff shall not prevent the superintendent, after proper notice and hearing, from subsequently revoking or suspending the qualification for any proper cause which may accrue or be discovered after the order.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.29 | Renewals.

Effective:
September 11, 1985
Latest Legislation:
House Bill 82 - 116th General Assembly
The license of every foreign real estate dealer and salesman shall expire on the thirty-first day of December of each year, and may be renewed upon the filing with the superintendent of real estate of an application for renewal, and the payment of the fee prescribed in section 4735.15 of the Revised Code, not less than fifteen or more than sixty days before the expiration of the old license. The superintendent may accept an application for renewal less than fifteen days before the expiration of any calendar year. He shall give notice, without unreasonable delay, of his action on any application for renewal of a foreign real estate dealer's or salesman's license.
A foreign real estate dealer's license may be issued at any time for the remainder of the calendar year. In such event, the annual fee prescribed in section 4735.15 of the Revised Code shall not be reduced.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.30 | False Representations of Material or Relevant Facts.

Effective:
September 11, 1985
Latest Legislation:
House Bill 82 - 116th General Assembly
No person shall knowingly make or cause to be made any false representation concerning a material and relevant fact, in any oral statement or in any description, application, or written statement, for the purpose of securing the qualification of any foreign real estate under section 4735.25 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.32 | Investigations.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A)(1) The Ohio real estate commission or the superintendent of real estate may commence, at any time within three years from the date on which an alleged violation of a provision of this or another chapter of the Revised Code occurred, any investigation that relates to the conduct of a licensed real estate broker, real estate salesperson, foreign real estate dealer, or foreign real estate salesperson, that is authorized pursuant to section 1349.11, 4735.051, 4735.052, or 4735.18, or any other section of the Revised Code, and that is for purposes of determining whether a licensee, unlicensed person, or unlicensed entity has violated a provision of this or another chapter of the Revised Code and whether, as a consequence, a licensee's license should be suspended or revoked, or other disciplinary action taken, as provided in this or another chapter of the Revised Code. If such an investigation is not commenced within the three-year period, it shall be barred, and neither the commission nor the superintendent shall suspend or revoke the license of any licensee, or take other disciplinary action against any licensee, unlicensed person, or unlicensed entity because of the alleged violation of a provision of this or another chapter of the Revised Code that could have been the subject of the barred investigation.
(2) For purposes of division (A)(1) of this section, if an investigation that is authorized by section 4735.051 of the Revised Code is involved, it shall be considered to be commenced as of the date on which a person files the complaint with the division of real estate.
(B) This section does not affect any criminal or civil liability that a licensed real estate broker, real estate salesperson, foreign real estate dealer, or foreign real estate salesperson, or any unlicensed person, may have under this or another chapter of the Revised Code or under the common law of this state.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.33 | Effect of Child Support Default on License.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
On receipt of a notice pursuant to section 3123.43 of the Revised Code, the superintendent of real estate shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license issued pursuant to this chapter.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.51 | Agency Relationship - Disclosure Definitions.

Effective:
April 6, 2017
Latest Legislation:
House Bill 532 - 131st General Assembly
As used in sections 4735.51 to 4735.74 of the Revised Code:
(A) "Agency" and "agency relationship" mean a relationship in which a licensee represents another person in a real estate transaction.
(B) "Agency agreement" means a contract between a licensee and a client in which the client promises to pay the broker a valuable consideration, or agrees that the licensee may receive a valuable consideration from another, for performing an act that requires a real estate license under this chapter.
(C) "Agent" and "real estate agent" mean a person licensed by this chapter to represent another in a real estate transaction.
(D) "Affiliated licensee" means a real estate broker or a real estate salesperson licensed by this chapter who is affiliated with a brokerage.
(E) "Client" means a person who has entered into an agency relationship with a licensee.
(F) "Confidential information" means all information that a client directs to be kept confidential or that if disclosed would have an adverse effect on the client's position in the real estate transaction, except to the extent the agent is required by law to disclose such information, and all information that is required by law to be kept confidential.
(G) "Contemporaneous offers" means offers to purchase or lease on behalf of two or more clients represented by the same licensee for the same property that the licensee knows, has known, or has reason to know will be taken under consideration by the owner or owner's authorized representative during the same period of time.
(H) "Dual agency relationship" means any of the dual agency relationships set forth in section 4735.70 of the Revised Code.
(I) "In-company transaction" means a real estate transaction in which the purchaser and seller are both represented by the same brokerage.
(J) "Purchaser" means a party in a real estate transaction who is the potential transferee of property. "Purchaser" includes a person seeking to buy property and a person seeking to rent property as a tenant or lessee.
(K) "Real estate transaction" means any act that is described in division (A) of section 4735.01 of the Revised Code or that is related to the execution of an act described in that section.
(L) "Subagency" and "subagency relationship" mean an agency relationship in which a licensee acts for another licensee in performing duties for the client of that licensee.
(M) "Timely" means as soon as possible under the particular circumstances.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.52 | Scope of Chapter.

Effective:
December 13, 1996
Latest Legislation:
House Bill 354 - 121st General Assembly
The types of agency relationships permitted in a real estate transaction are determined by the provisions of this Chapter. Except to the extent the duties of a real estate agent are specifically set forth in this chapter, or are otherwise modified by agreement, the duties of a real estate agent are determined by the common law.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.53 | Agency Relationships Permitted.

Effective:
January 1, 2005
Latest Legislation:
Senate Bill 106 - 125th General Assembly
(A) The types of agency relationships a licensee may establish in a real estate transaction are limited to the following:
(1) An agency relationship between the licensee and the seller;
(2) An agency relationship between the licensee and the purchaser;
(3) A dual agency relationship between the licensee and both the seller and the purchaser;
(4) A subagency relationship between the licensee and the client of another licensee.
(B) When an agency relationship is formed between a licensee and a client, all of the following also are considered the agent of that client:
(1) The brokerage with whom the licensee is affiliated and, except as provided in division (C) of section 4735.70 of the Revised Code, the management level licensees in that brokerage who have direct supervisory duties over licensees;
(2) Any licensee employed by, or affiliated with, the brokerage who receives confidential information from the agent of the client;
(3) Any other licensee in the brokerage who assisted in establishing the agency relationship;
(4) Any licensee in the brokerage who specifically is appointed with the client's consent to represent that client.
(C) Except as otherwise provided in divisions (B)(1) to (4) of this section, another licensee who is affiliated with the same brokerage as the licensee is not an agent of that client.
(D) A payment or the promise of a payment to a licensee does not determine whether an agency relationship has been created between a licensee and a client or between other licensees in the brokerage with which the licensee is affiliated and that client.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.54 | Written Company Policy for Types of Agency Relationships for Brokerage.

Effective:
December 13, 1996
Latest Legislation:
House Bill 354 - 121st General Assembly
Each brokerage shall develop and maintain a written company policy that sets forth the types of agency relationships that members of that brokerage may establish. The policy shall include provisions on whether any dual agency relationships set forth in section 4735.70 of the Revised Code are permitted. The policy shall also set forth procedures to ensure the protection of confidential information, and to ensure that the confidentiality provision extends to affiliated licensees of the brokerage. The policy developed and maintained under this section shall comply with the minimum standards established by rule by the superintendent of real estate with the approval of the Ohio real estate commission. The development and maintenance of a policy under this section shall not relieve a brokerage from liability for the failure of the brokerage, any licensee of the brokerage, or any employee of the brokerage, to maintain the confidentiality of confidential information of a client. The brokerage shall provide a copy of its policy developed and maintained under this section to each client or prospective client upon request.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.55 | Written Agency Agreements.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) Each written agency agreement shall contain all of the following:
(1) An expiration date;
(2) A statement that it is illegal, pursuant to the Ohio fair housing law, division (H) of section 4112.02 of the Revised Code, and the federal fair housing law, 42 U.S.C.A. 3601, as amended, to refuse to sell, transfer, assign, rent, lease, sublease, or finance housing accommodations, refuse to negotiate for the sale or rental of housing accommodations, or otherwise deny or make unavailable housing accommodations because of race, color, religion, sex, familial status as defined in section 4112.01 of the Revised Code, ancestry, military status as defined in that section, disability as defined in that section, or national origin or to so discriminate in advertising the sale or rental of housing, in the financing of housing, or in the provision of real estate brokerage services;
(3) A statement defining the practice known as "blockbusting" and stating that it is illegal;
(4) A copy of the United States department of housing and urban development equal housing opportunity logotype, as set forth in 24 C.F.R. 109.30, as amended.
(B) Each written agency agreement shall contain a place for the licensee and the client to sign and date the agreement.
(C) A licensee shall furnish a copy of any written agency agreement to a client in a timely manner after the licensee and the client have signed and dated it.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.58 | When Disclosure Statements to Be Provided.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A)(1) A licensee who is a purchaser's agent or a seller's subagent working with a purchaser shall present the agency disclosure statement described in section 4735.57 of the Revised Code to the purchaser and request the purchaser to sign and date the statement no later than the preparation of an offer to purchase or lease, or a written request for a proposal to lease. The licensee shall deliver the statement signed by the purchaser to the seller's agent, or to the seller if the seller is not represented by an agent. Prior to presenting the seller with either a written offer to purchase or lease, or a written request for a proposal to lease, the seller's agent, or the purchaser's agent if the seller is not represented by an agent, shall present the agency disclosure statement to the seller and request the seller to sign and date the statement.
(2) A licensee shall indicate the accurate agency relationship on the agency disclosure statement.
(B) A licensee selling property at auction shall, prior to the auction, verbally disclose to the audience that the licensee represents the seller in the real estate transaction. The licensee shall provide the agency disclosure statement described in section 4735.57 of the Revised Code to the successful bidder prior to the bidder's signing a purchase contract.
(C) Evidence that a licensee has failed to comply with this section constitutes prima-facie evidence of misconduct in violation of division (A)(6) of section 4735.18 of the Revised Code.
(D) The disclosure requirements of this section do not apply in any of the following situations:
(1) The rental or leasing of residential premises as defined in section 5321.01 of the Revised Code, if the rental or lease agreement can be performed in eighteen months or less;
(2) The referral of a prospective purchaser or seller to another licensee;
(3) Transactions involving the sale, lease, or exchange of foreign real estate as defined in division (E) of section 4735.01 of the Revised Code;
(4) Transactions involving the sale of a cemetery lot or a cemetery interment right.
(E) The licensee is obligated to perform all duties imposed on a real estate agent at common law except to the extent the duties are inconsistent with the duties prescribed in this chapter or are otherwise modified by agreement.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.59 | Changing the Party a Licensee Represents.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
To change the party a licensee represents in a real estate transaction after an agency disclosure statement has been signed and dated or following verbal disclosure of the agency relationship, the licensee shall obtain written consent from the party originally represented to represent another party in the transaction. The licensee shall promptly notify all persons who had been notified of the original relationship.
The Ohio real estate commission may adopt rules in accordance with Chapter 119. of the Revised Code to provide for required disclosures when a licensee terminates an agency relationship and becomes a principal in the transaction.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4735 | Real Estate Brokers › Section 4735.60 | Licensee Representing Purchaser Disclosures.

Effective:
December 13, 1996
Latest Legislation:
House Bill 354 - 121st General Assembly
A licensee representing a purchaser shall do the following:
(A) Disclose to the licensee representing the seller, or if the seller is not represented, disclose to the seller, that the licensee represents the purchaser in the transaction. This disclosure shall take place during the first contact the licensee has with any employee or licensee of the brokerage with which the seller's agent is affiliated, or if the seller is not represented by a licensee, during the first contact with the seller.
(B) If the seller is not represented by a licensee, verbally disclose during the first contact with the seller, any intention of seeking compensation from the seller.