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Oh License Law Orc 4735Orc_4735MEDIUM

Jennifer, an Ohio licensed salesperson, is contacted by a prospective buyer at an open house. The buyer asks Jennifer detailed questions about the property's school district rating. Jennifer does not know the answer but tells the buyer the schools are rated 'excellent' to generate interest. Under ORC Chapter 4735, what has Jennifer done?

Correct Answer

A) Committed misrepresentation by providing false information to the buyer, which is grounds for disciplinary action

Under ORC §4735.18, making a false statement about a material fact — even unknowingly — constitutes misrepresentation. School district ratings are objective, verifiable facts. Jennifer should have disclosed that she did not know the answer or directed the buyer to verify the information independently.

Answer Options
A
Committed misrepresentation by providing false information to the buyer, which is grounds for disciplinary action
B
Nothing wrong, because school ratings are subjective and not material facts
C
Only violated her duty to the seller by potentially creating liability for the listing brokerage
D
Committed puffery, which is a legal and acceptable sales technique in Ohio

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Related Topics & Key Terms

Key Terms:

misrepresentationmaterial_factsschool_districtORC_4735

Related Concepts

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.

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.

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