Ohio Revised Code Search
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Section 4763.15 | Real estate appraiser operating fund.
... Except for moneys required to be transferred into the real estate appraiser recovery fund pursuant to section 4763.16 of the Revised Code, the superintendent of real estate may deposit all fees collected under this chapter into the state treasury to the credit of the real estate operating fundcreated under section 4735.211 of the Revised Code. All operating expenses of the real estate appraiser board and the superin... |
Section 4763.16 | Real estate appraiser recovery fund.
... (A) The real estate appraiser recovery fund is hereby created in the state treasury, to be administered by the superintendent of real estate. The treasurer of state shall credit to the fund amounts collected by the superintendent as prescribed in this section and interest earned on the assets of the fund. The superintendent shall ascertain the balance of the fund as of the first day of October of each year. If that ... |
Section 4763.17 | Liability for damages.
... Every partnership, corporation, or association which employs, retains, or engages the services of a person licensed, registered, or certified under this chapter, whether the certificate holder, registrant, or licensee is an independent contractor or under the supervision or control of the partnership, corporation, or association, is jointly and severally liable for any damages incurred by any person as a result of a... |
Section 4763.18 | Effect of child support default on license, or certificate.
...On receipt of a notice pursuant to section 3123.43 of the Revised Code, the real estate appraiser board 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 or certificate issued pursuant to this chapter. |
Section 4763.19 | Appraisal for mortgage loan by unlicensed person prohibited.
...(A) Subject to division (B) of this section, no person shall perform or prepare a real estate appraisal, appraisal report, or real estate appraisal review for a mortgage loan, unless the person is licensed or certified under this chapter to do the appraisal. (B) Division (A) of this section does not apply to a lender using a market analysis or price opinion, an internal valuation analysis, or an automated valuation ... |
Section 4763.20 | Compliance with law regarding sanctions for human trafficking.
...The real estate appraiser board shall comply with section 4776.20 of the Revised Code. |
Section 4763.99 | Penalty.
...(A) Whoever violates division (B) of section 4763.12, division (B), (C), or (D) of section 4763.13, or section 4763.19 of the Revised Code is guilty of a misdemeanor of the first degree. (B) Whoever violates division (E) of section 4763.12 of the Revised Code is guilty of a felony of the fifth degree. |
Section 4764.01 | Definitions.
... As used in this chapter: (A) "Client" means a person who enters into a written contract with a home inspector to retain for compensation or other valuable consideration the services of that home inspector to conduct a home inspection and to provide a written report on the condition of a residential building. (B) "Crime of moral turpitude" has the same meaning as in section 4776.10 of the Revised Code. (C) "Ho... |
Section 4764.02 | License.
... (A) No person shall knowingly conduct a home inspection or represent a qualification to conduct a home inspection for compensation or other valuable consideration unless that person is licensed pursuant to this chapter as a home inspector or performing a parallel inspection. (B) No person shall perform a home inspection unless it is performed pursuant to a written contract entered into between a licensed home ins... |
Section 4764.03 | Exceptions.
... Section 4764.02 of the Revised Code does not apply to any person described as follows if the person is acting within the scope of practice of the person's respective profession: (A) A person who is employed by or whose services otherwise are retained by this state or a political subdivision of this state for the purpose of enforcing building codes; (B) A person holding a valid certificate to practice architectu... |
Section 4764.04 | Ohio home inspector board.
... (A) There is hereby created the Ohio home inspector board consisting of seven members. The governor shall appoint five members who are licensed home inspectors. The president of the senate and the speaker of the house of representatives each shall appoint one member who represents the public and has no financial interest in the home inspection industry. Not more than four members of the board shall be members of the... |
Section 4764.05 | Duties of board.
... (A) The Ohio home inspector board shall adopt rules in accordance with Chapter 119. of the Revised Code to do all of the following: (1) Establish standards to govern the issuance, renewal, suspension, and revocation of licenses, other sanctions that may be imposed for violations of this chapter, the conduct of hearings related to these actions, and the process of reactivating a license; (2) Establish the amount ... |
Section 4764.06 | Duties of superintendent.
... (A) The superintendent of real estate and professional licensing shall do all of the following: (1) Administer this chapter; (2) Provide the Ohio home inspector board with meeting space, staff services, and other technical assistance required by the board to carry out the duties of the board under this chapter; (3) Provide each applicant for a home inspector license with a copy of the requirements for home ... |
Section 4764.07 | Application for license.
... (A) To obtain a license to perform home inspections, a person shall submit both of the following to the superintendent of real estate and professional licensing: (1) An application meeting the requirements of division (D) of this section on a form the superintendent provides; (2) The fee established in rules adopted by the Ohio home inspector board pursuant to division (A)(2)(a) of section 4764.05 of the Revis... |
Section 4764.08 | Continuing education instruction requirements.
... During each three-year period that a license is valid, a licensed home inspector shall successfully complete not less than fourteen hours of continuing education instruction annually in courses or programs directly applicable to the standards of practice and requirements specified in rules adopted by the Ohio home inspector board pursuant to division (A)(10) of section 4764.05 of the Revised Code. The superintend... |
Section 4764.09 | Expiration of license; renewal.
... (A) A home inspector license issued or renewed pursuant to this chapter expires three years after the date of issuance or renewal. (B)(1) To renew a home inspector license, a licensed home inspector shall file all of the following with the superintendent of real estate and professional licensing within the ninety-day period immediately preceding the date the license expires: (a) A renewal application pursuant t... |
Section 4764.10 | Licensees from other jurisdictions.
... (A) The superintendent of real estate and professional licensing may issue a home inspector license to an applicant who holds a license, registration, or certification as a home inspector in another jurisdiction other than another state if that applicant submits an application on a form the superintendent provides, pays the fee the Ohio home inspector board prescribes, and satisfies all of the following requirements... |
Section 4764.11 | Insurance requirements; recordkeeping.
... (A) Every licensed home inspector shall maintain, or be covered by, a comprehensive general liability insurance policy or a commercial general liability insurance policy with coverage limits of not less than one hundred thousand dollars per occurrence and not less than a three- hundred-thousand-dollar aggregate limit. The insurance policy shall provide coverage against liability of the licensed home inspector for l... |
Section 4764.12 | Violations; investigation.
... (A) On receipt of a written complaint or on the superintendent's or the board's own motion, the superintendent of real estate and professional licensing may investigate licensed home inspectors concerning any alleged violation of this chapter. Investigators and auditors employed by the superintendent may review and audit, during normal business hours, the licensed home inspector's business records that are directly... |
Section 4764.13 | Hearings; disciplinary actions; penalties; review.
... (A) If, upon examining the results of an investigation, the superintendent of real estate and professional licensing determines that reasonable evidence exists that a licensed home inspector has violated this chapter or engaged in an activity described in divisions (A)(1) to (7) of section 4764.14 of the Revised Code, the superintendent shall proceed in accordance with the notice and hearing requirements prescribed ... |
Section 4764.14 | Refusal to issue or renew license.
... (A) The superintendent of real estate and professional licensing may, except as provided in division (B) of this section, refuse to issue or renew a license if the applicant for the license or renewal has done any of the following: (1) Failed to establish to the satisfaction of the superintendent that the applicant is honest and truthful; (2) Accepted compensation or other valuable consideration from more than o... |
Section 4764.15 | Violation of chapter; injuction.
... The superintendent of real estate and professional licensing may apply to any court of common pleas to enjoin a violation of this chapter. Upon a showing by the superintendent that a person has violated or is violating this chapter, the court shall grant an injunction, restraining order, or other appropriate relief. |
Section 4764.16 | Investigation of person who are not licensed.
... (A) Upon receipt of a written complaint or upon the motion of the superintendent of real estate and professional licensing, the superintendent may investigate any person who is not a licensed home inspector who has allegedly violated section 4764.02 of the Revised Code. (B) The superintendent has the same powers to investigate an alleged violation of section 4764.02 of the Revised Code by a person who is not lice... |
Section 4764.17 | Construction of chapter; actions for damages.
... (A) Except as provided in divisions (B) and (C) of this section, nothing in this chapter shall be construed to create or imply a private cause of action against a licensed home inspector for a violation of this chapter if that action is not otherwise maintainable under common law. (B) An action for damages that is based on professional services that were rendered or that should have been rendered by a licensed ho... |
Section 4764.18 | Home inspectors fund.
... Except as provided in section 4764.21 of the Revised Code, the superintendent of real estate and professional licensing shall deposit all money collected under this chapter in the state treasury to the credit of the real estate operating fund. |