Ohio Real Estate Licensing Law

Ohio Code · 55 sections

The following is the full text of Ohio’s real estate licensing law statutes as published in the Ohio Code. For the official version, see the Ohio Legislature.

ORC § 4733.301

| Lien on commercial real estate.   Effective: September 30, 2021 Latest Legislation: Senate Bill 49 - 134th General Assembly PDF: Download Authenticated PDF   (A)(1) A professional engineer or professional surveyor who enters into a written contract for services to be provided with regard to any interest in commercial real estate has a lien on that interest. (2) The lien shall be effective only if the contract for services is in writing and is signed by the professional engineer or professional surveyor and the owner of the interest in commercial real estate. (B)(1) Only the professional engineer or professional surveyor named in the contract shall have a lien pursuant to this section. (2) A lien is not available to any employee, agent, or independent contractor of the professional engineer or professional surveyor. (C) The amount of the lien shall be limited to the amount due to the professional engineer or professional surveyor pursuant to the contract. (D) The lien shall be effective only against the interest in commercial real estate that is the subject of the contract. (E) All valid and recorded mechanic's liens arising pursuant to Chapter 1311. of the Revised Code, regardless of recordation date, and all previously recorded mortgages and liens, including judgment liens, take priority over a professional engineer or professional surveyor's lien. Last updated July 14, 2021 at 12:36 PM Section

ORC § 4733.306

of the Revised Code: (A) "Commercial real estate" and "improvement" have the same meanings as in section 4703.20 of the Revised Code. (B) "Owner" means a person who has a legal or equitable interest in commercial real estate, including a contingent interest, pursuant to an agreement or contract, and who enters into a written contract with a professional engineer or professional surveyor for services to be provided with regard to any such interest in the commercial real estate. (C) "Professional engineer" means an individual, partnership, corporation, or association providing engineering services pursuant to this chapter. (D) "Professional surveyor" means an individual, partnership, corporation, or association providing engineering services pursuant to this chapter. Last updated July 28, 2021 at 2:20 PM Section

ORC § 4735.01

| Real estate broker definitions.   Effective: September 30, 2025 Latest Legislation: House Bill 96 - 136th General Assembly PDF: Download Authenticated PDF   As used in this chapter: (A) "Real estate broker" includes any person, partnership, association, limited liability company, limited liability partnership, or corporation, foreign or domestic, who for another, whether pursuant to a power of attorney or otherwise, and who for a fee, commission, or other valuable consideration, or with the intention, or in the expectation, or upon the promise of receiving or collecting a fee, commission, or other valuable consideration does any of the following: (1) Sells, exchanges, purchases, rents, or leases, or negotiates the sale, exchange, purchase, rental, or leasing of any real estate; (2) Offers, attempts, or agrees to negotiate the sale, exchange, purchase, rental, or leasing of any real estate; (3) Lists, or offers, attempts, or agrees to list, or auctions, or offers, attempts, or agrees to auction, any real estate; (4) Buys or offers to buy, sells or offers to sell, or otherwise deals in options on real estate; (5) Operates, manages, or rents, or offers or attempts to operate, manage, or rent, other than as custodian, caretaker, or janitor, any building or portions of buildings to the public as tenants; (6) Advertises or holds self out as engaged in the business of selling, exchanging, purchasing, renting, or leasing real estate; (7) Directs or assists in the procuring of prospects or the negotiation of any transaction, other than mortgage financing, which does or is calculated to result in the sale, exchange, leasing, or renting of any real estate; (8) Is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with any contract whereby the broker undertakes primarily to promote the sale, exchange, purchase, rental, or leasing of real estate through its listing in a publication issued primarily for such purpose, or for referral of information concerning such real estate to brokers, or both, except that this division does not apply to a publisher of listings or compilations of sales of real estate by their owners; (9) Collects rental information for purposes of referring prospective tenants to rental units or locations of such units and charges the prospective tenants a fee. (B) "Real estate" includes leaseholds as well as any and every interest or estate in land situated in this state, whether corporeal or incorporeal, whether freehold or nonfreehold, and the improvements on the land, but does not include cemetery interment rights. (C) "Real estate salesperson" means any person associated with a licensed real estate broker to do or to deal in any acts or transactions set out or comprehended by the definition of a real estate broker, for compensation or otherwise. (D) "Institution of higher education" includes all of the following: (1) A state institution of higher education, as defined in se

ORC § 4735.022

of the Revised Code; (h) As an oil and gas land professional in the performance of the oil and gas land professional's duties, provided the oil and gas land professional is not engaged in the purchase or sale of a fee simple absolute interest in oil and gas or other real estate and the oil and gas land professional complies with division (A) of section

ORC § 4735.023

of the Revised Code; (i) As an oil and gas land professional employed by the person, partnership, association, limited liability company, limited liability partnership, or corporation for which the oil and gas land professional is performing the oil and gas land professional's duties. (2) A person, partnership, association, limited liability company, limited liability partnership, or corporation exempt under division (I)(1)(a) of this section shall be limited by the legal interest in the real estate held by that person or entity to performing any of the acts or transactions specified in or comprehended by division (A) of this section. (J) "Disabled licensee" means a person licensed pursuant to this chapter who is under a severe disability which is of such a nature as to prevent the person from being able to attend any instruction lasting at least three hours in duration. (K) "Division of real estate" may be used interchangeably with, and for all purposes has the same meaning as, "division of real estate and professional licensing." (L) "Superintendent" or "superintendent of real estate" means the superintendent of the division of real estate and professional licensing of this state. Whenever the division or superintendent of real estate is referred to or designated in any statute, rule, contract, or other document, the reference or designation shall be deemed to refer to the division or superintendent of real estate and professional licensing, as the case may be. (M) "Inactive license" means the license status in which a salesperson's license is in the possession of the division, renewed as required under this chapter or rules adopted under this chapter, and not associated with a real estate broker. (N) "Broker's license on deposit" means the license status in which a broker's license is in the possession of the division of real estate and professional licensing and renewed as required under this chapter or rules adopted under this chapter. (O) "Suspended license" means the license status that prohibits a licensee from providing services that require a license under this chapter for a specified interval of time. (P) "Reactivate" means the process prescribed by the superintendent of real estate and professional licensing to remove a license from an inactive, suspended, or broker's license on deposit status to allow a licensee to provide services that require a license under this chapter. (Q) "Revoked" means the license status in which the license is void and not eligible for reactivation. (R) "Commercial real estate" means any parcel of real estate in this state other than real estate containing one to four residential units. "Commercial real estate" does not include single-family residential units such as condominiums, townhouses, manufactured homes, or homes in a subdivision when sold, leased, or otherwise conveyed on a unit-by-unit basis, even when those units are a part of a larger building or parcel of real estate containing more than four re

ORC § 4735.03

| Ohio real estate commission - powers and duties.   Effective: October 3, 2023 Latest Legislation: House Bill 33 - 135th General Assembly PDF: Download Authenticated PDF   There is hereby created the Ohio real estate commission, consisting of five members who shall be appointed by the governor, with the advice and consent of the senate. Four members shall have been engaged in the real estate business as licensed real estate brokers in the state for a period of ten years immediately preceding the appointment. One member shall represent the public. Terms of office shall be for five years, commencing on the first day of July and ending on the thirtieth day of June. Each member shall hold office from the date of appointment until the end of the term for which appointed. No more than three members shall be members of any one political party and no member of the commission concurrently may be a member of the commission and the real estate appraiser board created pursuant to section 4763.02 of the Revised Code. Each member, before entering upon the duties of office, shall subscribe to and file with the secretary of state the constitutional oath of office. All vacancies which occur shall be filled in the manner prescribed for the regular appointments to the commission. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of such term. Any member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first. No member shall hold office for more than two consecutive full terms. Annually, upon the qualification of the member appointed in such year, the commission shall organize by selecting from its members a president and vice-president, and shall do all things necessary and proper to carry out and enforce this chapter. A majority of the members of the commission shall constitute a quorum, but a lesser number may adjourn from time to time. Each member of the commission shall receive an amount fixed pursuant to section 124.14 of the Revised Code for each day employed in the discharge of official duties, and the member's actual and necessary expenses incurred in the discharge of those duties. The commission or the superintendent of real estate may investigate complaints concerning the violation of section

ORC § 4735.05

| Organization of commission - confidentiality.   Effective: October 3, 2023 Latest Legislation: House Bill 33 - 135th General Assembly PDF: Download Authenticated PDF   (A) The Ohio real estate commission is a part of the department of commerce for administrative purposes. The director of commerce is ex officio the executive officer of the commission, or the director may designate any employee of the department as superintendent of real estate and professional licensing to act as executive officer of the commission. The commission and the real estate appraiser board created pursuant to section 4763.02 of the Revised Code shall each submit to the director a list of three persons whom the commission and the board consider qualified to be superintendent within sixty days after the office of superintendent becomes vacant. The director shall appoint a superintendent from the lists submitted by the commission and the board, and the superintendent shall serve at the pleasure of the director. (B) The superintendent, except as otherwise provided, shall do all of the following in regard to this chapter: (1) Administer this chapter; (2) Issue all orders necessary to implement this chapter; (3) Investigate complaints concerning the violation of this chapter or the conduct of any licensee; (4) Establish and maintain an investigation and audit section to investigate complaints and conduct inspections, audits, and other inquiries as in the judgment of the superintendent are appropriate to enforce this chapter. The investigators or auditors have the right to review and audit the business records of licensees and continuing education course providers during normal business hours. (5) Appoint a hearing examiner for any proceeding involving disciplinary action under section 3123.47 ,

ORC § 4735.051

of the Revised Code, including but not limited to the agreement to mediate and the accommodation agreement, shall be held in confidence by the superintendent, investigators, auditors, and other personnel of the department. (E) This section does not require or prevent the division of real estate and professional licensing from releasing information relating to licensees to the division of financial institutions, division of securities, and the division of industrial compliance for purposes relating to the administration of the Revised Code chapters enforced by those divisions; to the superintendent of insurance for purposes relating to the administration of Chapter 3953. of the Revised Code; to the attorney general; or to law enforcement agencies and prosecutors. Information released by the division pursuant to this section remains confidential. Last updated September 20, 2023 at 12:21 PM Section

ORC § 4735.06

| Broker's license application.   Effective: September 30, 2025 Latest Legislation: House Bill 96 - 136th General Assembly PDF: Download Authenticated PDF   (A)(1) Application for a license as a real estate broker shall be made to the superintendent of real estate on forms furnished by the superintendent and filed with the superintendent and shall be signed by the applicant or its members or officers. (2) Each application shall state the name of the person applying and the location of the place of business for which the license is desired, and give such other information as the superintendent requires in the form of application prescribed by the superintendent. (3) Each application shall include the address of the applicant's current residence or, if the applicant is not an individual, the address of the current residence of each of the applicant's members or officers. (4) The superintendent shall retain residential addresses submitted under division (A)(3) of this section as separate records that do not constitute public records for the purposes of section 149.43 of the Revised Code. (B)(1) If the applicant is a partnership, limited liability company, limited liability partnership, or association, the names of all the members also shall be stated, and, if the applicant is a corporation, the names of its president and of each of its officers also shall be stated. The superintendent has the right to reject the application of any partnership, association, limited liability company, limited liability partnership, or corporation if the name proposed to be used by such partnership, association, limited liability company, limited liability partnership, or corporation is likely to mislead the public or if the name is not such as to distinguish it from the name of any existing partnership, association, limited liability company, limited liability partnership, or corporation licensed under this chapter, unless there is filed with the application the written consent of such existing partnership, association, limited liability company, limited liability partnership, or corporation, executed by a duly authorized representative of it, permitting the use of the name of such existing partnership, association, limited liability company, limited liability partnership, or corporation. (2) The superintendent shall approve the use of a trade name by a brokerage, if the name meets both of the following criteria: (a) The proposed name is not the same as or is clearly distinguishable from a name registered with the division of real estate and professional licensing by another existing brokerage. If the superintendent determines that the proposed name is not clearly distinguishable from any other existing brokerage, the superintendent may approve the use of the trade name if there is filed with the superintendent the written consent of the existing brokerage with the same or similar name. (b) The name is not misleading or likely to mislead the public. (3) The

ORC § 4735.08

| Conditions for issuing license.   Effective: December 29, 2023 Latest Legislation: Senate Bill 131 - 134th General Assembly PDF: Download Authenticated PDF   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 Section

ORC § 4735.081

| Designation of principal broker.   Effective: April 6, 2017 Latest Legislation: House Bill 532 - 131st General Assembly PDF: Download Authenticated PDF   (A) Each brokerage shall designate at least one affiliated broker to act as the principal broker of the brokerage. Any affiliated broker not so designated shall be an associate broker or management level licensee for that brokerage. (B) A brokerage shall report any change in designation as a principal broker to the superintendent not later than fifteen days after the change occurs. (C) Every principal broker of a brokerage shall do all of the following: (1) Oversee and direct the operations of the brokerage; (2) Comply with the office requirements set forth in division (A) of section

ORC § 4735.09

of the Revised Code. Such loans shall be made according to rules established by the commission under the procedures of Chapter 119. of the Revised Code, and they shall be repaid to the fund within three years of the time they are made. No more than twenty-five thousand dollars shall be lent from the fund in any one fiscal year. The governor may appoint a representative from the executive branch to be a member ex officio of the commission for the purpose of advising on research requests or educational projects. The commission shall report to the general assembly on the third Tuesday after the third Monday in January of each year setting forth the total amount contained in the fund and the amount of each research grant that it has authorized and the amount of each research grant requested. A copy of all research reports shall be submitted to the state library of Ohio and the library of the legislative service commission. (E) If the superintendent, with the consent of the commission, enters into an agreement with a national testing service to administer the real estate broker's examination, pursuant to division (A) of section

ORC § 4735.091

| Relationship with brokerage.   Effective: April 6, 2017 Latest Legislation: House Bill 532 - 131st General Assembly PDF: Download Authenticated PDF   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. Section

ORC § 4735.11

| License form and size.   Effective: September 22, 2000 Latest Legislation: House Bill 524 - 123rd General Assembly PDF: Download Authenticated PDF   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. Section

ORC § 4735.141

of the Revised Code in which instruction is accomplished through use of interactive, electronic media and where the teacher and student are separated by distance or time, or both. (EE) "Licensee" means any individual licensed as a real estate broker or salesperson by the Ohio real estate commission pursuant to this chapter. (FF) "Management level licensee" means a licensee who is employed by or affiliated with a real estate broker and who has supervisory responsibility over other licensees employed by or affiliated with that real estate broker. (GG) "Oil and gas land professional" means a person regularly engaged in the preparation and negotiation of agreements for the purpose of exploring for, transporting, producing, or developing oil and gas mineral interests, including, but not limited to, oil and gas leases and pipeline easements. (HH) "Principal broker" means an individual licensed as a real estate broker under this chapter who oversees and directs the operations of the brokerage. (II) "Right-to-list home sale agreement" means an agreement whereby the owner of residential real estate agrees to provide another person with exclusive rights to list the real estate for sale at a future date in exchange for monetary consideration, or an equivalent to monetary consideration, and that meets one or both of the following: (1) The agreement states that it runs with the land or otherwise purports to bind future owners of the residential real estate; (2) The agreement purports to be a lien, encumbrance, or other real property security interest. (JJ) "Nonexclusive agency agreement" means an agency agreement between a purchaser, tenant, or seller and a broker that meets the requirements of section

ORC § 4735.16

of the Revised Code; (6) Deposits all escrow funds, security deposits, and other money received by either the out-of-state commercial broker or Ohio broker described in division (A)(1) of this section in trust or special accounts maintained by the Ohio broker; (7) Deposits all documentation required by this section and records and documents related to the transaction with the Ohio broker described in division (A)(1) of this section. The Ohio broker described in division (A)(1) of this section shall retain the documentation that is provided by the out-of-state commercial broker as required under division (A)(7) of this section, and the records and documents related to a transaction, for a period of three years after the date the documentation is provided, or the transaction occurred, as appropriate. (B) An out-of-state commercial salesperson may perform those acts that require a real estate salesperson license under this chapter with respect to commercial real estate, provided that the out-of-state commercial salesperson meets all of the following requirements: (1) Is licensed with and works under the direct supervision of the out-of-state commercial broker; (2) The out-of-state commercial broker with whom the salesperson is associated meets all of the requirements of division (A) of this section ; (3) Provides the Ohio broker who is working in cooperation with the out-of-state broker with whom the salesperson is associated, with a copy of the commercial salesperson's current certificate of good standing from the jurisdiction where the out-of-state commercial salesperson maintains an active real estate license in connection with the out-of-state commercial broker; (4) Collects money, including commissions, deposits, payments, rentals, or otherwise, only in the name of and with the consent of the out-of-state commercial broker under whom the out-of-state commercial salesperson is licensed. (C) By filing a consent-to-jurisdiction document as described under division (A)(4) of this section, the person giving the consent makes and constitutes the secretary of state as an agent for service of process in this state including service of summonses and subpoenas. Service of process upon any person may be initiated by leaving with the secretary of state or an assistant secretary of state four copies of the process, an affidavit stating the address of the person given on the consent-to-jurisdiction document, and a fee of five dollars. Upon receipt of the process, affidavit, and fee, the secretary of state immediately shall give notice of the process to the person, at the address given in the affidavit and forward to that address by certified mail, return receipt requested, a copy of the process. Service is considered to be complete upon the mailing of the notice and copy of process in accordance with this division. (D) A person, partnership, association, limited liability company, limited liability partnership, or corporation licensed in a jurisdiction where

ORC § 4735.19

| Records of commission.   Effective: September 29, 2011 Latest Legislation: House Bill 153 - 129th General Assembly PDF: Download Authenticated PDF   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. Section

ORC § 4735.20

of the Revised Code. However, the suspended license of the associated real estate salesperson shall be reactivated and no fee shall be charged or collected for that reactivation if all of the following occur: (a) That broker subsequently submits satisfactory proof to the superintendent that the broker has complied with the requirements of division (G)(1) of this section and requests that the broker's license as a real estate broker be reactivated; (b) The superintendent then reactivates the broker's license as a real estate broker; (c) The associated real estate salesperson intends to continue to be associated with that broker and otherwise is in compliance with this chapter. Last updated February 14, 2025 at 7:16 AM Section

ORC § 4735.22

| Referral of home inspectors.   Effective: April 5, 2019 Latest Legislation: Senate Bill 255 - 132nd General Assembly PDF: Download Authenticated PDF   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. Section

ORC § 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. Section

ORC § 4735.27

| Foreign real estate dealer's license.   Effective: December 29, 2023 Latest Legislation: Senate Bill 131 (GA 134), House Bill 509 (GA 134) PDF: Download Authenticated PDF   (A) An application to act as a foreign real estate dealer 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 address of the applicant; (2) If the applicant is a partnership, unincorporated association, or any similar form of business organization, the names and the residence and business addresses of all partners, officers, directors, trustees, or managers of the organization, and the limitation of the liability of any partner or member; or if the applicant is a corporation, a list of its officers and directors, and the residence and business addresses of each, and, if it is a foreign corporation, a copy of its articles of incorporation in addition; (3) The location and addresses of the principal office and all other offices of the applicant; (4) A general description of the business of the applicant prior to the application, including a list of states in which the applicant is a licensed foreign real estate dealer; (5) The names and addresses of all salespersons of the applicant at the date of the application; (6) The nature of the business of the applicant, and its places of business, for the ten-year period preceding the date of application. (B) Every nonresident applicant shall name a person within this state upon whom process against the applicant may be served and shall give the complete residence and business address of the person designated. Every applicant shall file an irrevocable written consent, executed and acknowledged by an individual duly authorized to give such consent, that actions growing out of a fraud committed by the applicant in connection with the sale in this state of foreign real estate may be commenced against it, in the proper court of any county in this state in which a cause of action for such fraud may arise or in which the plaintiff in such action may reside, by serving on the secretary of state any proper process or pleading authorized by the laws of this state, in the event that the applicant if a resident of this state, or the person designated by the nonresident applicant, cannot be found at the address given. 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 association, authorizing such individual to execute the consent. (C) The superintendent may investigate any applicant for a dealer's license, and may require any additional information

ORC § 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 Section

ORC § 4735.30

| False representations of material or relevant facts.   Effective: September 11, 1985 Latest Legislation: House Bill 82 - 116th General Assembly PDF: Download Authenticated PDF   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

ORC § 4735.33

| Effect of child support default on license.   Effective: March 22, 2001 Latest Legislation: Senate Bill 180 - 123rd General Assembly PDF: Download Authenticated PDF   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. Section

ORC § 4735.52

| Scope of chapter.   Effective: December 13, 1996 Latest Legislation: House Bill 354 - 121st General Assembly PDF: Download Authenticated PDF   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. Section

ORC § 4735.53

| Agency relationships permitted.   Effective: January 1, 2005 Latest Legislation: Senate Bill 106 - 125th General Assembly PDF: Download Authenticated PDF   (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

ORC § 4735.55

of the Revised Code and does both of the following: (1) Grants the broker the exclusive right to represent the seller in the sale or lease of the seller's property; (2) Provides the broker will be compensated if the broker, the seller, or any other person or entity produces a purchaser or tenant in accordance with the terms specified in the listing agreement or if the property is sold or leased during the term of the listing agreement to anyone other than to specifically exempted persons or entities. (V) "Exclusive agency agreement" means an agency agreement between a seller and broker that meets the requirements of section

ORC § 4735.57

| Agency disclosure statement - dual agency disclosure.   Effective: January 1, 2005 Latest Legislation: Senate Bill 106 - 125th General Assembly PDF: Download Authenticated PDF   (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 parties in the transaction; (2) The address of the real estate being sold or leased; (3) The name of the licensee or licensees and the brokerage with which each licensee is affiliated; (4) The party that each licensee in the named brokerage represents in the transaction; (5) If a licensee representing a purchaser of real estate and a licensee representing the seller of that real estate are affiliated with the same brokerage, whether the two licensees are acting as dual agents or are individually representing the purchaser and seller separately; (6) If only one licensee is involved in the transaction, whether that licensee is a dual agent or represents only one party to the transaction; (7) If both the purchaser and the seller are represented by licensees affiliated with the same brokerage, that the brokerage is a dual agent; (8) That the signature of the client indicates the client's informed consent to the agency relationship and that if the client does not understand the agency disclosure statement, the client should consult an attorney. (B) The agency disclosure statement shall specify the duties of a licensee acting as a dual agent and shall contain sections disclosing all of the following: (1) An explanation of the nature of a dual agency relationship, including a statement that in serving as a dual agent, licensees in the brokerage represent two clients whose interests are, or at times could be, different or adverse; (2) That as a result of the dual agency relationship, the dual agent may not be able to advocate on behalf of the client to the same extent the agent may have if the agent represented only one client; (3) A description of the duties the brokerage and its affiliated licensees and employees owe to each client, including the duty of confidentiality; (4) That neither the brokerage nor its affiliated licensees have any material relationship with either client other than incidental to the transaction, or if the brokerage or its affiliated licensees have a material relationship, a disclosure of the nature of the relationship. For purposes of this division, "material relationship" means any actually known personal, familial, or business relationship between the brokerage or an affiliated licensee and a client that could impair the ability of the brokerage or affiliated licensee to exercise lawful and independent judgment relative to anothe

ORC § 4735.59

| Changing the party a licensee represents.   Effective: October 24, 2024 Latest Legislation: House Bill 466 - 135th General Assembly PDF: Download Authenticated PDF   To change 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

ORC § 4735.60

| Licensee representing purchaser disclosures.   Effective: December 13, 1996 Latest Legislation: House Bill 354 - 121st General Assembly PDF: Download Authenticated PDF   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. Section

ORC § 4735.64

| Representing seller in agency relationship - prohibited acts.   Effective: December 13, 1996 Latest Legislation: House Bill 354 - 121st General Assembly PDF: Download Authenticated PDF   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

ORC § 4735.65

of the Revised Code unless the client agrees to waive these duties, and signs a waiver of duties statement pursuant to division (C) of this 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

ORC § 4735.66

| Representing buyer in agency relationship - prohibited acts.   Effective: December 13, 1996 Latest Legislation: House Bill 354 - 121st General Assembly PDF: Download Authenticated PDF   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

ORC § 4735.67

| Disclosures to purchaser.   Effective: December 13, 1996 Latest Legislation: House Bill 354 - 121st General Assembly PDF: Download Authenticated PDF   (A) A licensee shall disclose to any purchaser all material facts of which the licensee has actual knowledge pertaining to the physical condition of the property that 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 latent defects in the property or to advise on matters outside of the scope of the knowledge required for real estate licensure, or to verify the accuracy or completeness of statements made by the seller, unless the licensee is aware of information that should reasonably cause the licensee to question the accuracy or completeness of such statements. (C) Nothing in this section limits any obligation of a seller to disclose to a purchaser all material facts known by the seller pertaining to the physical condition of the property, nor does it limit the obligation of the prospective purchaser to inspect the physical condition of the property. (D) Nothing in this section limits any obligation of a purchaser to disclose to a seller all material adverse facts known by the purchaser pertaining to the purchaser's financial ability to perform the terms of the transaction. (E) No cause of action shall arise on behalf of any person against a licensee for disclosing information in compliance with this section, unless the information is materially inaccurate and the disclosure by the licensee was made in bad faith or was made with reckless disregard for the truth. Section

ORC § 4735.68

| Liability for false information.   Effective: September 29, 2011 Latest Legislation: House Bill 153 - 129th General Assembly PDF: Download Authenticated PDF   (A) A licensee is not liable to any party for false information that the licensee's client provided to the licensee and that the licensee in turn provided to another party in the real estate transaction, unless the licensee had actual knowledge that the information was false or acted with reckless disregard for the truth. (B) No cause of action shall arise on behalf of any person against a client for any misrepresentation a licensee made while representing that client unless the client had actual knowledge of the licensee's misrepresentation. (C) Knowledge of or information contained in a brokerage or an affiliated or past licensee's transaction records of any current or previous defect, adverse condition, or repair in real property shall not be imputed to that broker or to other licensees affiliated with that broker. No cause of action based on imputed knowledge shall accrue on behalf of any person against a broker or affiliated licensee for failure to disclose such defects, adverse condition, or repair. Section

ORC § 4735.69

| Assisting party who is not a client.   Effective: December 13, 1996 Latest Legislation: House Bill 354 - 121st General Assembly PDF: Download Authenticated PDF   (A) A licensee may assist a party who is not the licensee's client in a real estate transaction by doing any of the following: (1) Providing information regarding lenders, inspectors, attorneys, insurance agents, surveyors, draftspersons, architects, schools, shopping facilities, places of worship, and other similar information; (2) Providing market information or other information obtained from a property listing service or public records. (B) A licensee who assists a party who is not the licensee's client as permitted in division (A) of this section does not violate the agency relationship with the client, and provision of the services for that party neither forms nor implies any agency relationship with that party. Section

ORC § 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

ORC § 4735.71

of the Revised Code; (5) Failure within a reasonable time to account for or to remit any money coming into the licensee's possession which belongs to others; (6) Dishonest or illegal dealing, gross negligence, incompetency, or misconduct; (7)(a) By final adjudication by a court, a violation of any municipal or federal civil rights law relevant to the protection of purchasers or sellers of real estate or, by final adjudication by a court, any unlawful discriminatory practice pertaining to the purchase or sale of real estate prohibited by Chapter 4112. of the Revised Code, provided that such violation arose out of a situation wherein parties were engaged in bona fide efforts to purchase, sell, or lease real estate, in the licensee's practice as a licensed real estate broker or salesperson; (b) A second or subsequent violation of any unlawful discriminatory practice pertaining to the purchase or sale of real estate prohibited by Chapter 4112. of the Revised Code or any second or subsequent violation of municipal or federal civil rights laws relevant to purchasing or selling real estate whether or not there has been a final adjudication by a court, provided that such violation arose out of a situation wherein parties were engaged in bona fide efforts to purchase, sell, or lease real estate. For any second offense under this division, the commission shall suspend for a minimum of two months or revoke the license of the broker or salesperson. For any subsequent offense, the commission shall revoke the license of the broker or salesperson. (8) Procuring a license under this chapter, for the licensee or any salesperson by fraud, misrepresentation, or deceit; (9) Having violated or failed to comply with any provision of sections

ORC § 4735.72

| Dual agency - brokerage and management level licensees.   Effective: January 1, 2005 Latest Legislation: Senate Bill 106 - 125th General Assembly PDF: Download Authenticated PDF   (A) The brokerage and management level licensees in a brokerage in which there is a dual agency relationship described in section

ORC § 4735.74

of the Revised Code or having willfully disregarded or violated any other provisions of this chapter; (10) As a real estate broker, having demanded, without reasonable cause, other than from a broker licensed under this chapter, a commission to which the licensee is not entitled, or, as a real estate salesperson, having demanded, without reasonable cause, a commission to which the licensee is not entitled; (11) Except as permitted under section

ORC § 4735.75

of the Revised Code; (20) Having offered real property for sale or for lease without the knowledge and consent of the owner or the owner's authorized agent, or on any terms other than those authorized by the owner or the owner's authorized agent; (21) Having published advertising, whether printed, radio, display, or of any other nature, which was misleading or inaccurate in any material particular, or in any way having misrepresented any properties, terms, values, policies, or services of the business conducted; (22) Having knowingly withheld from or inserted in any statement of account or invoice any statement that made it inaccurate in any material particular; (23) Having published or circulated unjustified or unwarranted threats of legal proceedings which tended to or had the effect of harassing competitors or intimidating their customers; (24) Having failed to keep complete and accurate records of all transactions for a period of three years from the date of the transaction, such records to include copies of listing forms, earnest money receipts, offers to purchase and acceptances of them, records of receipts and disbursements of all funds received by the licensee as broker and incident to the licensee's transactions as such, and records required pursuant to divisions (C)(4) and (5) of section

Ohio Rev. Code § 4764.03

Section 4764.02 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 employed by or whose services are retained by the state or a political subdivision for enforcing building codes; (B) A person holding a valid certificate to practice architecture issued under Chapter 4703; (C) A person registered as a professional engineer under Chapter 4733; (D) A heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor who is licensed under Chapter 4740 or section 3781.102 or who is licensed or registered under section 715.27; (E) A real estate broker, salesperson, foreign real estate dealer, or foreign real estate salesperson licensed under Chapter 4735; (F) A real estate appraiser licensed under Chapter 4763; (G) A public insurance adjuster who holds a valid certificate of authority issued under Chapter 3951 or an employee or representative of an insurer conducting an inspection for purposes related to the business of insurance; (H) A commercial applicator of pesticide licensed under Chapter 921.

Ohio Rev. Code § 4764.04

Creates a seven-member Ohio home inspector board. The governor appoints five licensed home inspectors; the senate president and house speaker each appoint one public representative with no financial interest in home inspection. No more than four members may belong to the same political party. Initial appointments were due within 90 days of April 5, 2019, with staggered terms of one, two, three, four, and five years. Subsequent terms last five years. The board organizes annually by selecting a chairperson and vice chairperson by majority vote and meets at least quarterly. Members receive expense reimbursement but no compensation. The appointing authority may remove members for misconduct, neglect, incapacity, or malfeasance. The board operates under the Department of Commerce, with the commerce director serving as ex officio executive officer or designating the superintendent of real estate and professional licensing for that role.

Ohio Rev. Code § 4764.06

The superintendent of real estate and professional licensing shall administer this chapter and provide the Ohio home inspector board with meeting space, staff services, and technical assistance. The superintendent must provide applicants with home inspection requirements and issue licenses to qualified persons. Additional duties include administering the home inspector recovery fund, conducting fingerprint-based criminal records checks, approving continuing education institutions and courses, investigating complaints, maintaining an investigation section, and appointing hearing officers for disciplinary proceedings. The superintendent may not issue licenses to corporations, limited liability companies, partnerships, or associations, though licensed home inspectors may sign reports on behalf of such entities.

Ohio Rev. Code § 4764.07

To obtain a home inspector license in Ohio, applicants must submit an application form and fee to the superintendent of real estate and professional licensing. Applicants must provide fingerprints for criminal background checks, including FBI records. Requirements include proof of liability insurance, passing the national home inspector exam within two years, completing board-approved education, and demonstrating experience through either a curriculum or ten parallel inspections. Applicants must be at least 18 years old and have a high school diploma or equivalent. Certain individuals with prior licensure in related fields may be exempt from education and experience requirements but must meet all other criteria. The superintendent issues licenses to qualified applicants, subject to section 4768.14. Submission of an application does not constitute licensure.

Ohio Rev. Code § 4764.08

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 superintendent of real estate and professional licensing shall accept only those courses and programs the superintendent approves in accordance with division (A)(8) of section 4764.06 of the Revised Code prior to the date the licensed home inspector completes the course or program. The superintendent shall not include parallel inspections completed by a person for credit toward satisfying the continuing education requirements specified in this section.

Ohio Rev. Code § 4764.10

The superintendent of real estate and professional licensing may issue a home inspector license to applicants holding equivalent credentials from other jurisdictions, provided they submit an application, pay required fees, and meet specified requirements. These include: the applicant's jurisdiction must grant reciprocal privileges to Ohio licensees; licensing requirements must be substantially similar to or exceed Ohio's standards; the applicant must attest to familiarity with Ohio law; and the applicant must provide service of process information and consent to Ohio court jurisdiction. Additionally, the board shall issue licenses to applicants holding licenses in another state or possessing satisfactory work experience, government certification, or private certification as a home inspector in states without licensing requirements, as described in Chapter 4796 of the Revised Code.

Ohio Rev. Code § 4764.11

Licensed home inspectors must maintain comprehensive or commercial general liability insurance with minimum coverage of $100,000 per occurrence and $300,000 aggregate limit. Coverage applies to liability for loss, damage, or expense from acts occurring while performing inspections on premises. If an unlicensed employer maintains insurance covering the inspector, the inspector need not maintain separate coverage. Additionally, inspectors must retain for five years original written contracts, inspection reports, and work file documentation. The retention period begins when reports are submitted to clients, unless pending investigation or litigation exists, in which case retention extends until final disposition. Records must be made available to the superintendent of real estate and professional licensing upon reasonable notice.

Ohio Rev. Code § 4764.12

The superintendent of real estate and professional licensing may investigate licensed home inspectors for alleged violations of Chapter 4764 upon receiving written complaints or on their own motion. Investigators and auditors may review business records directly related to complaints during normal business hours, with the licensee's required cooperation. Within five business days of receiving a complaint, the superintendent must acknowledge it and notify the licensee with a description of alleged violations. Both parties may request an informal mediation hearing within twenty days. If both request mediation and reach an accommodation, the superintendent closes the complaint. Otherwise, a formal investigation proceeds. The superintendent may share licensee information with other state officials and law enforcement for administrative purposes, while maintaining confidentiality. The board or superintendent may compel witness attendance and document production through subpoena. Failure to comply with subpoenas or board orders may result in court proceedings and contempt charges.

Ohio Rev. Code § 4764.13

If the superintendent of real estate and professional licensing determines reasonable evidence exists that a licensed home inspector violated this chapter, the superintendent shall proceed per Chapter 119 notice and hearing requirements. After a hearing officer conducts a hearing and issues a report, the Ohio home inspector board shall review and order appropriate disciplinary action, which may include: (1) A reprimand; (2) A fine not exceeding one thousand dollars per violation; (3) Completion of education hours in subjects related to the violation; (4) License suspension until the inspector complies with board-established conditions; (5) License suspension for a specific period; (6) License revocation; (7) License surrender in lieu of discipline. A licensee may apply to enter into a settlement agreement after notification of a hearing. The board's decision and order is final, subject to review per Chapter 119 and appeal to the court of common pleas of Franklin county.

Ohio Rev. Code § 4764.14

The superintendent of real estate and professional licensing may refuse to issue or renew a home inspector license if an applicant fails to establish honesty and truthfulness, accepts compensation from multiple interested parties without written consent, receives commissions from parties dealing with clients in connection with home inspections, repairs or solicits repairs to residential building systems within the transaction period, fails to disclose business interests in writing before contract execution, has relevant criminal convictions or sex offender registration requirements, fails to maintain required records or cooperate with investigations, lacks required liability insurance coverage, violates adopted rules or chapter requirements, or fails to complete continuing education. The superintendent cannot refuse licensure based on criminal convictions except in accordance with section 9.79 of the Revised Code.

Ohio Rev. Code § 4764.15

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.

Ohio Rev. Code § 4764.16

The superintendent of real estate and professional licensing may investigate unlicensed individuals alleged to have violated section 4764.02 upon receiving written complaints or by motion. The superintendent possesses identical investigative powers as specified in section 4764.12. Following investigation, if reasonable evidence of violation exists, the superintendent must serve written notice within seven days per sections 119.05 and 119.07. The Ohio home inspector board conducts hearings following adjudication procedures under section 119.09. If violation is determined, civil penalties up to five hundred dollars per distinct violation may be imposed, separate from criminal fines under section 4764.99. Daily occurrences constitute separate violations. Payment plans are available upon request. The board maintains hearing transcripts and issues written orders with findings. Determinations are appealable under section 119.12. Unpaid civil penalties are forwarded to the attorney general for collection.

Ohio Rev. Code § 4764.19

On receipt of a notice pursuant to section 3123.43 of the Revised Code, the superintendent of real estate and professional licensing 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.

Ohio Rev. Code § 4764.21

The home inspection recovery fund is established in the state treasury under the superintendent of real estate and professional licensing's administration. The Ohio home inspector board imposes special assessments (not exceeding $5 annually per licensing period) on licensees when fund balances fall below $250,000, with reduced assessments ($3 annually) when balances exceed $500,000 but remain under $1,000,000, and no assessments when balances exceed $1,000,000. Persons obtaining final judgments against licensed home inspectors for violations related to authorized inspection activities may apply to the Franklin County Court of Common Pleas for payment from the fund. Recoverable losses are limited to actual and direct losses; punitive damages, attorney's fees, and judgment interest are excluded, though court costs may be recoverable. Applicants must demonstrate exhausted appeals, diligent collection efforts against all liable parties, and timely filing (within one year of final judgment). The fund's liability per licensee is capped at $40,000. Claims exceeding this cap are distributed proportionally among claimants. When the superintendent pays from the fund, the home inspector's license may be suspended until full repayment with statutory interest.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)