Ohio Revised Code Search
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Section 4735.26 | Refusing to qualify foreign real estate.
...(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 ... |
Section 4735.27 | Foreign real estate dealer's license.
...n. The consent shall stipulate that the service of process on the secretary of state shall be taken in all courts to be as valid and binding as if service had been made upon the foreign real estate dealer. If the applicant is a corporation or an unincorporated association, the consent shall be accompanied by a certified copy of the resolution of the board of directors, trustees, or managers of the corporation or asso... |
Section 4735.28 | Foreign real estate salesperson's license.
...(A) An application to act as a foreign real estate salesperson shall be in writing and filed with the superintendent of real estate. It shall be in the form the superintendent prescribes and shall contain the following information: (1) The name and complete residence and business addresses of the applicant; (2) The name of the foreign real estate dealer who is employing the applicant or who intends to employ th... |
Section 4735.29 | Renewals.
...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 ac... |
Section 4735.30 | False representations of material or relevant facts.
...uring the qualification of any foreign real estate under section 4735.25 of the Revised Code. |
Section 4735.32 | Investigations.
...(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 ... |
Section 4735.33 | Effect of child support default on license.
...he 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. |
Section 4735.51 | Agency relationship - disclosure definitions.
...(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 un... |
Section 4735.52 | Scope of chapter.
...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. |
Section 4735.53 | Agency relationships permitted.
...ionships 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 ag... |
Section 4735.54 | Written company policy for types of agency relationships for brokerage.
...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 ... |
Section 4735.55 | Written agency agreements.
... 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; (5) A statement that the licensee is appointed as an agent of the client, and an indication of whether the agenc... |
Section 4735.56 | Written brokerage policy on agency required - disclosure to client.
...(A) Each brokerage shall develop a written brokerage policy on agency to be given to prospective sellers, tenants, and purchasers in accordance with this section. (B) The brokerage policy on agency described in division (A) of this section shall include all of the following information: (1) An explanation of the permissible agency relationships available under section 4735.53 of the Revised Code and the duties t... |
Section 4735.57 | Agency disclosure statement - dual agency disclosure.
...(A) The superintendent of real estate, with the approval of the Ohio real estate commission, shall establish by rule an agency disclosure statement. The agency disclosure statement shall contain a place for the licensee and the parties to the transaction to sign and date the statement and shall contain sections for the disclosure or explanation of all of the following: (1) Unless confidential, the names of all the p... |
Section 4735.58 | When disclosure statements to be provided.
...reparation 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... |
Section 4735.59 | Changing the party a licensee represents.
...e the party a licensee represents in a real estate transaction after an agency disclosure statement has been signed and dated, following verbal disclosure of the agency relationship, or following an agency agreement under section 4735.55 of the Revised Code, the licensee shall obtain written consent from the party originally represented to represent another party in the transaction. The licensee shall promptly notify... |
Section 4735.60 | Licensee representing purchaser disclosures.
...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 sell... |
Section 4735.61 | Prohibiting false information.
...ve false information to any party in a real estate transaction. |
Section 4735.62 | Fiduciary duties generally.
...ll of the following: (A) Exercising reasonable skill and care in representing the client and carrying out the responsibilities of the agency relationship; (B) Performing the terms of any written agency agreement; (C) Following any lawful instructions of the client; (D) Performing all duties specified in this chapter in a manner that is loyal to the interest of the client; (E) Complying with all requirements... |
Section 4735.621 | Waiver of fiduciary duties.
...is section. (C) The superintendent of real estate, with the approval of the Ohio real estate commission, shall establish by rule a waiver of duties statement that shall contain the following: (1) The fiduciary duties required of all licensees under section 4735.62 of the Revised Code; (2) A list of those duties contained in section 4735.63 or 4735.65 of the Revised Code, which shall be set forth in a manner that a... |
Section 4735.63 | Representing seller in agency relationship - duty to promote interests of client.
...itting a licensee to perform any act or service that constitutes the practice of law. |
Section 4735.64 | Representing seller in agency relationship - prohibited acts.
...In representing a seller in an agency relationship, no licensee shall do either of the following without the knowledge and consent of the seller: (A) Extend an offer of subagency to other licensees; (B) Offer compensation to a broker who represents a purchaser. |
Section 4735.65 | Representing buyer in agency relationship - duty to promote interests of client.
...itting a licensee to perform any act or service that constitutes the practice of law. |
Section 4735.66 | Representing buyer in agency relationship - prohibited acts.
...In representing a purchaser in an agency relationship, no licensee shall do either of the following without the knowledge and consent of the purchaser: (A) Extend an offer of subagency to other licensees; (B) Accept compensation from a broker who represents a seller. |
Section 4735.67 | Disclosures to purchaser.
... the purchaser would not discover by a reasonably diligent inspection, including material defects in the property, environmental contamination, and information that any statute or rule requires be disclosed. For purposes of this division, actual knowledge of such material facts shall be inferred to the licensee if the licensee acts with reckless disregard for the truth. (B) A licensee is not required to discover lat... |