Section 4735.14 Address and Email Change Notifications (Division D) +20Ohio · Real Estate · English

Each licensee must notify the superintendent of a change in personal residence address within thirty days after the change. Failure to notify does not excuse the licensee from filing renewal by the required deadline. Each licensee must also maintain a valid email address on file and notify the superintendent of any email change within thirty days.

• ✓Licensees must notify the superintendent of a personal residence address change within thirty days
• ✓Licensees must maintain a valid email address on file and report email changes within thirty days
• ✓Failure to notify of an address change does not negate the duty to renew by the deadline

When the Commission imposes sanctions on a salesperson, it may also sanction the affiliated broker if the Commission finds the broker had knowledge of the salesperson's violating actions.

• ✓A broker may be sanctioned for a salesperson's violation only if the broker had knowledge of it (B)
• ✓Broker liability is discretionary ('may'), not automatic

A licensee representing a party in, or handling trust funds for, a transaction involving real property used in cultivation, processing, dispensing, or testing of medical or adult-use marijuana under Chapter 3796 shall not be sanctioned solely for engaging in activities permitted under this chapter and related to Chapter 3796.

• ✓Licensees are not sanctioned solely for lawful real estate activities tied to marijuana transactions under Chapter 3796 (E)
• ✓The safe harbor covers representation and handling of brokerage trust account funds in such transactions

The Commission shall impose sanctions on foreign real estate dealers/salespersons found guilty of the acts in division (A) as they pertain to foreign real estate. The affiliated foreign dealer may also be sanctioned if the dealer had knowledge of the salesperson's violating actions.

• ✓Foreign real estate dealers/salespersons are subject to division (A) violations regarding foreign real estate (C)
• ✓A foreign dealer may be sanctioned only if the dealer had knowledge of the salesperson's actions

The Commission may suspend, in whole or in part, the imposition of a license suspension penalty under this section.

• ✓The Commission may suspend imposition of a suspension penalty in whole or in part (D)
• ✓This provides discretionary flexibility in enforcement

When paying compensation to an unlicensed entity under division (C), the broker must verify the affiliated licensee's compliance and maintain detailed records for three years for both the verification and each transaction.

• ✓Broker must verify the affiliated licensee complies with divisions (C)(1) and (2) and keep a record of verification for three years
• ✓Broker must keep transaction records for three years: name of affiliated licensee, amount of compensation earned, and name of the unlicensed entity paid
• ✓Both verification records and transaction records require a three-year retention period

The Ohio real estate commission may use the division of real estate operating fund (created under R.C. 4735.211) to discharge duties, advance education and research at institutions of higher education, and advance loans to salesperson license applicants to defray educational costs. Loans may not exceed $2,000 each, must be repaid within three years, and no more than $25,000 may be lent from the fund in any one fiscal year.

• ✓Education loans to salesperson applicants may not exceed $2,000 each
• ✓Loans must be repaid to the fund within three years
• ✓No more than $25,000 may be lent from the fund in any single fiscal year
• ✓Loans must follow rules established under Chapter 119 procedures

The governor may appoint an executive branch representative as an ex officio commission member to advise on research or educational projects. The commission must report to the general assembly on the third Tuesday after the third Monday in January each year, stating the total fund amount and each research grant authorized and requested. Research reports must be submitted to the state library of Ohio and the legislative service commission library.

• ✓The commission reports annually to the general assembly on the third Tuesday after the third Monday in January
• ✓Copies of all research reports go to the state library of Ohio and the legislative service commission library
• ✓The governor may appoint an ex officio commission member for research advising

No applicant may take the salesperson's examination unless they establish to the superintendent's satisfaction that they are honest and truthful, have not been convicted of a disqualifying offense (determined under R.C. 9.79), and have not been finally adjudged by a court to have violated civil rights laws relevant to protecting purchasers/sellers of real estate. If so adjudged, at least two years must have passed and the superintendent may disregard the adjudication if the applicant proves by a preponderance of evidence that they are honest, truthful, and unlikely to reoffend.

• ✓Applicant must be honest and truthful
• ✓Applicant must not have been convicted of a disqualifying offense per R.C. 9.79
• ✓Civil rights adjudications may be disregarded only after at least two years and proof by preponderance of evidence of honesty and no likelihood of reoffending

An applicant must be at least eighteen years of age. If born after 1950, the applicant must have a high school diploma or a certificate of high school equivalence issued under section 3301.80 of the Revised Code.

• ✓Applicant must be at least eighteen years of age
• ✓If born after 1950, applicant must hold a high school diploma or equivalence certificate under R.C. 3301.80

An applicant must successfully complete specific eligible courses at an institution of higher education by classroom or distance education: forty hours in real estate practice; forty hours covering Ohio real estate law, civil rights law, housing discrimination case law, desegregation, and eliminating effects of prior discrimination; ten hours in real estate appraisal; and ten hours in real estate finance — totaling 120 hours. If feasible, Ohio real estate law should be taught by an accredited law school faculty member and civil rights subjects by a knowledgeable Ohio Civil Rights Commission staff member.

• ✓40 hours real estate practice + 40 hours real estate/civil rights law + 10 hours appraisal + 10 hours finance (120 total)
• ✓Courses must be completed at an institution of higher education by classroom or distance education
• ✓The 40-hour law/civil rights course does not apply to applicants admitted to practice before the supreme court

An applicant must not have violated any provision of, or rule adopted under, Chapter 4735 during any period they were licensed. If they did violate such a provision or rule, they must establish to the superintendent's satisfaction that they will not violate it again.

• ✓No violations of Chapter 4735 or its rules during prior licensure
• ✓If a violation occurred, applicant must prove they will not repeat the violation

When the superintendent pays from the fund to settle a claim or satisfy a judgment against a licensee, that licensee's license is automatically suspended on the payment date. The license is not reactivated until the licensee repays the full amount plus interest at the rate in section 1343.03(A). A bankruptcy discharge does not relieve the suspension unless the underlying judgment was included in the discharge and not reaffirmed.

• ✓License is automatically suspended on the date of payment from the fund
• ✓Reactivation requires full repayment plus interest at the section 1343.03(A) rate
• ✓Bankruptcy discharge does not relieve suspension unless the judgment was discharged and not reaffirmed

If the fund lacks money to satisfy an authorized claim, the superintendent must pay unpaid claims or portions in the order originally filed once sufficient money is deposited, plus accumulated interest at the rate in section 1343.03(A).

• ✓Unpaid claims are satisfied when sufficient money is later deposited
• ✓Payment order follows the original filing order of claims
• ✓Accumulated interest is paid at the section 1343.03(A) rate

After paying a judgment creditor by court order, the superintendent is subrogated to all the creditor's rights to the extent paid, and the creditor must assign their right, title, and interest in the judgment to the superintendent. Amounts and interest recovered on the judgment are deposited back into the fund.

• ✓Superintendent is subrogated to the creditor's rights up to the amount paid
• ✓Judgment creditor must assign judgment interest to the superintendent
• ✓Recovered amounts and interest are deposited into the fund

Nothing in this section limits the superintendent's authority to take other disciplinary action, and full repayment to the fund does not nullify any other disciplinary proceeding. The superintendent may collect a service fee from the fund, equivalent to the section 1343.03(A) interest rate multiplied by the annual interest earned on fund assets, to defray administration expenses.

• ✓Repayment to the fund does not nullify other disciplinary proceedings
• ✓The section does not limit the superintendent's other disciplinary authority
• ✓A service fee equal to the 1343.03(A) rate times annual interest earned may be collected to defray administration costs

A broker or salesperson who obtains the signature of a party to a listing or other agreement involved in a real estate transaction must furnish a copy of that listing or agreement to the party immediately after obtaining the party's signature.

• ✓A copy of any signed listing or agreement must be furnished to the party immediately after obtaining the signature
• ✓This applies to any listing or other agreement involved in a real estate transaction

Every broker's office must prominently display, in the same immediate area as licenses, a statement that it is illegal to discriminate in the sale, rental, advertising, or financing of housing or in the provision of brokerage services, and that blockbusting is illegal. Protected classes include race, color, religion, sex, familial status, national origin, military status, disability (as defined in R.C. 4112.01), and ancestry.

• ✓The fair housing statement must be prominently displayed in the same immediate area as displayed licenses
• ✓Protected classes include race, color, religion, sex, familial status, national origin, military status, disability, and ancestry
• ✓The statement must declare that discrimination and blockbusting in housing are illegal

The displayed statement must bear the U.S. Department of Housing and Urban Development (HUD) equal housing logo, state that the broker and salespersons are licensed by the Division of Real Estate and Professional Licensing, note that the Division can assist with consumer complaints or inquiries, explain the provisions of section 4735.12, and provide the Division's address and telephone number. The Ohio Real Estate Commission sets the wording and size by rule.

• ✓The statement must bear the HUD equal housing logo
• ✓The statement must include the Division's address and telephone number and explain section 4735.12
• ✓The Ohio Real Estate Commission provides the wording and size of the statement by rule

The pamphlet required under section 4735.03 must contain the same statement required on the displayed statement and must be made available by brokers and salespersons to their clients. The commission provides the wording and size of the pamphlet.

• ✓The pamphlet under section 4735.03 must contain the same fair housing statement as the displayed statement
• ✓Brokers and salespersons must make the pamphlet available to their clients

'Commercial real estate' means any parcel in Ohio OTHER than real estate containing one to four residential units. It excludes single-family residential units (condos, townhouses, manufactured homes, subdivision homes) when sold/leased/conveyed on a unit-by-unit basis, even if part of a larger building or parcel with more than four residential units.

• ✓Property with one to four residential units is NOT commercial real estate
• ✓Single-family units sold on a unit-by-unit basis are excluded even if in a larger building
• ✓Commercial includes any parcel other than 1-4 residential unit properties

An 'out-of-state commercial broker' is any person or entity licensed as a real estate broker in a jurisdiction other than Ohio. An 'out-of-state commercial salesperson' is any person affiliated with such an out-of-state broker who is NOT licensed as a salesperson in Ohio.

• ✓An out-of-state commercial broker is licensed in a jurisdiction other than Ohio
• ✓An out-of-state commercial salesperson is affiliated with an out-of-state broker and is not Ohio-licensed

If the superintendent, with the commission's consent, enters into an agreement with a national testing service to administer the broker's examination under R.C. 4735.07(A), the superintendent may require applicants to pay the testing service's examination fee directly to the testing service. If direct payment is required, each applicant must submit a processing fee to the superintendent in an amount determined by the Ohio real estate commission under R.C. 4735.10(A)(2).

• ✓The superintendent may require applicants to pay exam fees directly to a national testing service
• ✓When direct payment is required, applicants must also submit a processing fee to the superintendent
• ✓The processing fee amount is determined by the Ohio real estate commission under R.C. 4735.10(A)(2)

Notwithstanding contrary provisions, the superintendent shall issue a broker's license under Chapter 4796 to an applicant who satisfies section 4796.03 or 4796.04 and has worked as a broker for at least two of the five years immediately preceding application, completed at least twenty transactions as a broker, and passes an examination on Ohio real estate law. Alternatively, an applicant may satisfy section 4796.05 plus the transaction and Ohio law exam requirements.

• ✓Applicant must satisfy ORC 4796.03 or 4796.04 (or alternatively 4796.05)
• ✓Applicant must have worked as a broker at least two of the five years immediately preceding application
• ✓Applicant must have completed not less than twenty transactions as a real estate broker
• ✓Applicant must pass an examination on Ohio real estate law

There is no limit placed on the number of times an applicant may retake the broker's examination.

• ✓An applicant may retake the examination an unlimited number of times

A broker who wishes to associate with another broker as a salesperson must apply to deposit their broker's license with the superintendent and apply for a salesperson's license. The application uses a prescribed form, requires a recommendation from the intended broker, and a fee of thirty-four dollars. The superintendent grants the license if satisfied the applicant is honest and truthful, has no disqualifying offense under R.C. 9.79, has no final civil rights adjudication, and the association is in the public interest. The broker must give written notice to all associated salespersons when placing the license on deposit.

• ✓Broker must apply to deposit the broker's license and obtain a salesperson's license to work under another broker
• ✓Application requires a recommendation from the intended broker and a $34 fee
• ✓Superintendent must find the applicant honest, without disqualifying offense under R.C. 9.79, and no civil rights violation
• ✓Broker must give written notice to all associated salespersons when depositing the license

The superintendent shall not renew a license if the licensee fails to comply with section 4735.141 of the Revised Code or is otherwise not in compliance with Chapter 4735. Compliance with all statutory requirements is a prerequisite to renewal.

• ✓The superintendent shall not renew a license if the licensee fails to comply with section 4735.141
• ✓The superintendent shall not renew if the licensee is otherwise noncompliant with Chapter 4735

The superintendent must make notice of successful renewal available electronically to licensees as soon as practicable, but no later than thirty days after the division receives a complete application and renewal fee. This notice serves as the notice of renewal for purposes of section 4745.02.

• ✓Notice of successful renewal must be available electronically no later than thirty days after receipt of a complete application and fee
• ✓The renewal notice serves as the notice of renewal under section 4745.02

Any licensee who is a disabled licensee at any time during the last three months of the third year of the CE reporting period may receive an extension of time, as deemed appropriate by the superintendent, to submit proof of completing the required thirty hours of CE. To receive the extension, the licensee must submit a request to the division of real estate and proof satisfactory to the commission that they were disabled during that period. The proof must include a signed statement by the attending physician describing the disability, certifying it prevents attending any instruction lasting at least three hours, and stating the expected duration.

• ✓Disabled licensees during the last three months of the third year may receive a CE extension
• ✓A request and satisfactory proof of disability must be submitted to the division
• ✓The proof must include a physician's signed statement describing the disability, certifying inability to attend 3-hour instruction, and stating expected duration

The licensee must request the extension and provide the physician's statement no later than one month prior to the end of the three-year reporting period, unless the disability arose in the last month, in which case the request must be made as soon as practical after the disability occurs. A licensee granted an extension who is no longer disabled and completes CE during the extension period must, for future reporting periods, follow the standard schedule in division (A).

• ✓Extension request and physician statement must be submitted at least one month before the reporting period ends
• ✓If disability arose in the last month, the request must be made as soon as practical after it occurs
• ✓After recovering, the licensee resumes the standard division (A) reporting schedule for future periods

Compliance with division (C) does not relieve the broker of supervision duties or other chapter requirements, nor does it exempt the broker/licensee from certain statutes or personal liability. Brokers are also prohibited from paying compensation to third-party creditors of a licensee.

• ✓Compliance with division (C) does not relieve the broker of the duty to supervise the affiliated licensee or other requirements of the chapter
• ✓Compliance does not exempt broker or licensee from sections 4735.051, 4735.18, and 4735.32, nor grant immunity from personal liability in civil actions
• ✓No broker shall pay a fee, commission, or other compensation due to an affiliated licensee to a third-party creditor of that licensee

No person may take the foreign real estate dealer's examination unless they establish to the superintendent's satisfaction that they have not been convicted of a disqualifying offense (per R.C. 9.79) and have not been finally adjudged to have violated civil rights laws protecting real estate purchasers or sellers. If so adjudged, at least two years must have passed and the superintendent may disregard the adjudication if the applicant proves by a preponderance of the evidence that they are honest and truthful and unlikely to reoffend.

• ✓Applicant must not have been convicted of a disqualifying offense as determined under R.C. 9.79
• ✓Applicant must not have been finally adjudged to have violated civil rights laws protecting real estate buyers/sellers
• ✓If adjudged, at least two years must pass and rehabilitation must be proven by a preponderance of the evidence

An applicant must establish they have not, during any period licensed under this chapter or a former applicable section, violated any provision or rule adopted under this chapter. If they have violated a provision or rule, they must satisfy the superintendent that they will not again violate it.

• ✓Applicant must not have violated provisions or rules during prior licensure periods
• ✓If prior violations exist, applicant must establish they will not violate the provision or rule again

The superintendent shall issue a foreign real estate salesperson license in accordance with Chapter 4796 of the Revised Code if the applicant holds a license in another state, or if the applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter for acting as a salesperson of foreign real estate in a state that does not issue such a license.

• ✓Superintendent must issue a license under Chapter 4796 if the applicant holds a license in another state
• ✓License may be issued based on satisfactory work experience, government certification, or private certification
• ✓This alternative applies when the applicant acted as a foreign real estate salesperson in a state that does not issue that license

After a hearing has been scheduled but before the hearing examiner's report issues, the superintendent may withdraw the notice of hearing upon receipt of additional evidence. Withdrawal does not constitute evidence that the original notice was not substantially justified.

• ✓The superintendent may withdraw the notice of hearing upon receipt of additional evidence before the report is issued
• ✓Withdrawal does not constitute evidence that the original notice was not substantially justified
• ✓After withdrawal, the complainant may request commission review within fifteen business days of notification

The superintendent or a designee employed by the department of commerce may inspect and examine the foreign real estate or investigate the applicant and interested persons. The actual cost of inspection or examination, including a proper proportion of division employees' salaries, is paid by the applicant and may be retained from any deposit. An itemized cost statement must be furnished to the applicant.

• ✓The superintendent or a designee may inspect the property and investigate the applicant and interested persons
• ✓The applicant pays the actual cost of inspection, which may be retained from the deposit, and receives an itemized statement

This is an agency agreement between seller and broker meeting section 4735.55 requirements that grants the broker the exclusive right to represent the seller AND provides the broker will be compensated if the broker, the seller, OR any other person produces a purchaser/tenant, or if the property is sold/leased during the term to anyone other than specifically exempted persons.

• ✓Grants the broker the EXCLUSIVE right to represent the seller
• ✓Broker is compensated even if the SELLER produces the buyer (unlike exclusive agency)
• ✓Must meet the requirements of section 4735.55

An agency agreement (meeting 4735.55) granting the broker the exclusive right to represent the seller, providing the broker is compensated if the broker or any other person produces a buyer/tenant OR the property sells during the term — UNLESS the property is sold/leased solely through the seller's own efforts or to specifically exempted persons.

• ✓Grants the broker the exclusive right to represent the seller
• ✓Broker is NOT compensated if the seller sells solely through the seller's own efforts
• ✓Distinguishes from exclusive right to sell, where the broker is paid regardless of who sells

An agreement between a purchaser/tenant and broker (meeting 4735.55) granting the broker the exclusive right to represent the purchaser/tenant in buying or leasing property, providing broker compensation per the agreement's terms unless the property is specifically exempted. The agreement may authorize the broker to receive compensation from the seller/seller's agent and may relieve the purchaser of the obligation to pay if the property is purchased solely through the purchaser's own efforts.

• ✓Grants the broker the exclusive right to represent the purchaser or tenant
• ✓May authorize the broker to receive compensation from the seller or seller's agent
• ✓May provide that the purchaser is not obligated to pay if property is found solely through the purchaser's efforts

An agency agreement between a purchaser, tenant, or seller and broker (meeting 4735.55) granting the broker a NONEXCLUSIVE right to represent them, and providing compensation per the agreement terms while allowing the client to obtain services from other brokers or brokerage firms subject to the agreement's terms.

• ✓Grants only a nonexclusive right to represent the client
• ✓The client may also use other brokers or brokerage firms
• ✓Compensation is per the terms of the nonexclusive agreement

Not earlier than issuance but not later than twelve months after issuance of a broker's license, the licensee must submit proof of completing ten hours of instruction in commission-approved schools, seminars, or educational institutions. Approval of curriculum and providers follows rules under section 4735.10, and courses may be classroom or distance education.

• ✓New brokers must complete ten hours of post-licensing instruction within twelve months of license issuance
• ✓Instruction must be in schools/seminars/institutions approved by the commission under ORC 4735.10
• ✓Post-licensing education may be completed by classroom instruction or distance education

If proof of completing the ten hours is not submitted within twelve months, the broker's license is automatically suspended without any action by the superintendent. It cannot be reactivated until requirements are met and the licensee is in compliance. If the broker fails to submit proof within twelve months of the date of suspension, the license is automatically revoked.

• ✓Failure to submit education proof within twelve months causes automatic suspension without superintendent action
• ✓License cannot be reactivated until requirements are met and licensee is in compliance
• ✓Failure to submit proof within twelve months of the suspension date results in automatic revocation

When a broker's license is suspended under (G)(1), the license of an associated salesperson is correspondingly suspended under section 4735.20(H). The salesperson's suspended license shall be reactivated at no fee if the broker submits proof of compliance and requests reactivation, the superintendent reactivates the broker's license, and the salesperson intends to continue with that broker and is otherwise in compliance.

• ✓A broker's suspension automatically suspends associated salespersons' licenses under ORC 4735.20(H)
• ✓No fee is charged to reactivate the associated salesperson's license when the broker cures the deficiency
• ✓Salesperson reactivation requires the broker's reactivation, intent to continue association, and compliance with the chapter

The superintendent may not renew a license if the licensee fails to comply with this section, and the licensee is required to pay the penalty fee provided in section 4735.14 of the Revised Code.

• ✓A license cannot be renewed if the licensee fails to comply with CE requirements
• ✓Noncompliant licensees must pay the penalty fee under section 4735.14

A licensee must submit proof of completion of the required continuing education with the licensee's notice of renewal. The proof must be submitted in the manner provided by the superintendent.

• ✓Proof of CE completion must be submitted with the license renewal notice
• ✓Proof must be submitted in the manner provided by the superintendent