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Under Ohio law, Broker Marshall discovers that salesperson Agent Hill has been collecting referral fees from a home warranty company without disclosing them to clients. Under ORC Chapter 4735, what must Broker Marshall do?

Correct Answer

C) Immediately address the violation, ensure proper disclosures are made retroactively where possible, and implement corrective measures

Under ORC §4735.18, the broker has a supervisory duty to address compliance violations by affiliated salespersons. Undisclosed referral fees violate disclosure requirements. The broker must take corrective action and ensure proper disclosures.

Answer Options
A
Simply advise Hill to stop and take no further action
B
Nothing, because referral fees from third parties are standard industry practice
C
Immediately address the violation, ensure proper disclosures are made retroactively where possible, and implement corrective measures
D
Report only Hill to the Division of Real Estate and claim no broker involvement

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Related Topics & Key Terms

Key Terms:

broker_supervisionreferral_feesdisclosurecorrective_actionORC_4735

Related Concepts

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

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