The Ohio Division of Real Estate & Professional Licensing is auditing a brokerage and discovers multiple violations. A licensee challenges the Division's authority, arguing it lacks jurisdiction over one of the following actions. Under ORC Chapter 4735, which action is OUTSIDE the Superintendent's statutory authority?
Correct Answer
B) Establishing a mandatory minimum commission schedule that all Ohio brokerages must apply to residential transactions
ORC Chapter 4735 enumerates the Superintendent's powers, which include licensing, investigation, discipline, and enforcement of the real estate licensing law. Nowhere in ORC Chapter 4735 is the Superintendent granted authority to regulate, set, or approve commission rates. Commission rates are a matter of private contract between brokerages and their clients. Imposing a mandatory commission schedule would also exceed the Division's statutory mandate, which is limited to licensing and conduct regulation — not economic price-setting within the industry.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
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.
More Oh License Law Orc 4735 Questions
Under ORC Chapter 4735, what is the minimum period an Ohio broker must retain trust account records after a transaction is completed or terminated?
Under ORC Chapter 4735, what happens to an Ohio real estate license if the licensee does not renew it by the expiration date?
Under ORC §4735.141, how are Ohio's 30 continuing education hours structured for active salespersons and brokers?
Under ORC Chapter 4735, which entity approves continuing education providers and courses for Ohio real estate licensees?
Under ORC Chapter 4735, which of the following best describes the required content of post-license education for newly licensed Ohio salespersons during their initial licensing period?
- → Under ORC Chapter 4735, continuing education for Ohio real estate licensees must be completed how often?
- → Under ORC §4735.14, what is the continuing education obligation for an Ohio salesperson who reactivates a license that has been on inactive status?
- → Under ORC Chapter 4735, which entity has the authority to establish renewal fees for Ohio real estate licenses, and how may those fees be changed?
- → Under ORC §4735.141, which outcome does Ohio's continuing education requirement for real estate licensees primarily serve?
- → Under ORC Chapter 4735, which of the following correctly describes a requirement that applies to continuing education courses completed by Ohio real estate salespersons?
- → Under ORC Chapter 4735, Ohio real estate licenses are renewed on what cycle?
- → Under ORC Chapter 4735, how many hours of continuing education must an Ohio salesperson complete during each three-year license period?
- → Under ORC Chapter 4735, which accommodation is available to an Ohio licensee who is on active duty with the U.S. military regarding license renewal and continuing education?
- → Under ORC Chapter 4735, what is the total number of hours of pre-license education and post-license education that a new Ohio salesperson must complete during the first licensing period?
- → Under ORC Chapter 4735, what is the primary purpose of the Ohio Division of Real Estate auditing a licensee's continuing education records?
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An Ohio licensee under investigation by the Superintendent for alleged trust account violations refuses to allow the Division auditor access to trust account records. Under ORC Chapter 4735, what authority does the Superintendent have?
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Broker Franklin wants to maintain an interest-bearing trust account for client deposits. Under ORC Chapter 4735, which statement is correct?