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An Ohio broker discovers that the Ohio Superintendent of Real Estate is conducting a random audit of brokerage trust accounts in the broker's county. The broker's trust account has a $2,000 discrepancy due to a recent recording error. Under Ohio law, what are the potential consequences for the broker?

Correct Answer

A) The Superintendent may take disciplinary action including fines, suspension, or revocation of the broker's license

Under ORC §4735.18, trust account violations are grounds for disciplinary action by the Ohio Superintendent. The consequences can range from fines to suspension or revocation of the broker's license, depending on the severity and nature of the violation. Even unintentional errors can result in disciplinary action.

Answer Options
A
The Superintendent may take disciplinary action including fines, suspension, or revocation of the broker's license
B
The broker receives a warning letter but faces no formal disciplinary action for a first offense
C
No consequences because the discrepancy is under $5,000 and falls below the audit threshold
D
The Superintendent can only require the broker to attend a trust account management course

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Related Topics & Key Terms

Key Terms:

trust_account_auditdisciplinary_actionsuperintendentORC_4735.18

Related Concepts

The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.

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