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Oh License Law Orc 4735Disciplinary_processMEDIUM

Under ORC §4735.18, Broker Adams fails to maintain a trust account separate from the brokerage's operating funds. The Division investigates and finds that no client funds were actually lost. Can the Superintendent still take disciplinary action?

Correct Answer

C) Yes, the failure to maintain a separate trust account is itself a violation regardless of whether funds were lost

Under ORC §4735.18, the failure to maintain a separate trust account is a standalone violation. Actual loss of client funds is not required; the regulatory purpose is to prevent the conditions that lead to misappropriation.

Answer Options
A
No, discipline is only warranted if client funds are actually lost
B
No, because the broker's intent was not malicious
C
Yes, the failure to maintain a separate trust account is itself a violation regardless of whether funds were lost
D
Yes, but only if the broker has been warned previously

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Related Topics & Key Terms

Key Terms:

trust_accountcomminglingno_loss_requiredORC_4735

Related Concepts

Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

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