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Oh License Law Orc 4735Orc_4735MEDIUM

Broker Martinez discovers that one of her salespersons, Kevin, has been conducting real estate transactions in his own name rather than in the name of the brokerage. Under ORC Chapter 4735, which statement BEST describes the legal consequence?

Correct Answer

B) Kevin may face disciplinary action by the Ohio Superintendent of Real Estate for acting outside the scope of his license

Under ORC §4735.18, a salesperson who conducts business in their own name rather than in the name of their affiliated broker is engaging in unauthorized practice. The Ohio Superintendent of Real Estate has the authority to take disciplinary action, including suspension or revocation of the salesperson's license.

Answer Options
A
Kevin's transactions are automatically void and the buyers may rescind without penalty
B
Kevin may face disciplinary action by the Ohio Superintendent of Real Estate for acting outside the scope of his license
C
Broker Martinez alone is liable because she is responsible for all activities of her salespersons
D
Kevin is permitted to operate independently as long as he discloses his salesperson status to all parties

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Deep Analysis of This Oh License Law Orc 4735 Question

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Background Knowledge for Oh License Law Orc 4735

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Related Topics & Key Terms

Key Terms:

salesperson_conductbroker_supervisiondisciplinary_actionORC_4735

Related Concepts

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

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