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Oh License Law Orc 4735Orc_4735MEDIUM

Broker Garcia maintains a trust account at First National Bank. During a routine audit by the Division of Real Estate, the auditor discovers a $4,200 shortage. Under ORC Chapter 4735, which statement is MOST accurate?

Correct Answer

A) The shortage constitutes a trust account violation, and the Superintendent may take disciplinary action including suspension or revocation of her license

Under ORC §4735.18, maintaining proper trust account balances is a fundamental obligation. A trust account shortage is a serious violation that can result in disciplinary action by the Superintendent, including suspension or revocation, regardless of the amount.

Answer Options
A
The shortage constitutes a trust account violation, and the Superintendent may take disciplinary action including suspension or revocation of her license
B
Trust account shortages are handled exclusively through civil litigation between the affected parties
C
The Division of Real Estate can only issue a written warning for a first-time trust account shortage
D
The shortage is acceptable as long as Broker Garcia corrects it within 10 business days

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Background Knowledge for Oh License Law Orc 4735

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Related Topics & Key Terms

Key Terms:

trust_accountshortageauditdisciplinary_actionORC_4735

Related Concepts

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.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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