A broker receives a disciplinary order issued by the Superintendent of Real Estate and challenges it in court, arguing the Ohio Real Estate Commission had jurisdiction to hear the case. Under ORC Chapter 4735, how would a court most likely rule?
Correct Answer
D) The court would uphold the Superintendent's disciplinary order because ORC Chapter 4735 vests that authority in the Superintendent, not the Commission
Under ORC §4735.02 and §4735.18, disciplinary authority over licensees is expressly vested in the Superintendent of Real Estate. The Commission does not hold concurrent or primary disciplinary jurisdiction. A reviewing court would uphold the Superintendent's order as consistent with the statutory framework.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
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.
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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