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Oh License Law Orc 4735Disciplinary_processEASY

During a listing presentation, an Ohio licensee tells a prospective seller that she can guarantee the property will sell within 30 days at full asking price, knowing she cannot deliver on that promise. The seller signs the listing agreement in reliance on that statement. Under ORC §4735.18, which of the following best describes the licensee's exposure?

Correct Answer

C) Disciplinary action, because making a false promise likely to influence a person to enter a real estate transaction is an enumerated ground for suspension or revocation

ORC §4735.18(A)(3) specifically enumerates 'making any false promises of a character likely to influence, persuade, or induce any person to enter into any contract or agreement' as a ground for disciplinary action. A guarantee of sale terms the licensee knows she cannot fulfill is precisely the type of false promise the statute targets. The Ohio Real Estate Commission may impose sanctions including suspension or revocation of the license.

Answer Options
A
No disciplinary exposure, because statements made during a listing presentation are considered negotiation and are not subject to regulatory oversight
B
Potential discipline for misrepresentation of material facts, but not for the specific category of false promises under ORC §4735.18
C
Disciplinary action, because making a false promise likely to influence a person to enter a real estate transaction is an enumerated ground for suspension or revocation
D
Civil liability to the seller only, because the Ohio Real Estate Commission does not regulate pre-contract statements made by licensees

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Related Topics & Key Terms

Key Terms:

false_promisesmisrepresentationsuspension_revocationORC_4735

Related Concepts

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.

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