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Oh License Law Orc 4735Orc_4735HARD

Broker Williams receives a complaint from a consumer alleging that her salesperson, Jake, provided misleading information about a property's flood zone status. The Ohio Superintendent of Real Estate investigates and finds the allegation substantiated. Under ORC Chapter 4735, which is the MOST accurate statement?

Correct Answer

D) Both Jake and Broker Williams may face disciplinary action — Jake for the misrepresentation and Williams for failure to supervise

Under ORC §4735.18, both the salesperson and the supervising broker may be subject to disciplinary action. Jake is liable for making the misrepresentation, and Broker Williams may be liable for failure to adequately supervise her salesperson. Ohio law places supervisory responsibility on the broker.

Answer Options
A
Neither can be disciplined unless the consumer suffered a documented financial loss exceeding $1,000
B
Only Jake can be disciplined because Broker Williams did not personally make the misrepresentation
C
Only Broker Williams can be disciplined because brokers are solely responsible for their salespersons' conduct
D
Both Jake and Broker Williams may face disciplinary action — Jake for the misrepresentation and Williams for failure to supervise

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Related Topics & Key Terms

Key Terms:

misrepresentationbroker_supervisiondual_liabilitydisciplinary_actionORC_4735

Related Concepts

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

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