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Oh License Law Orc 4735Disciplinary_processMEDIUM

Under ORC §4735.18, an Ohio broker discovers that a property she listed has a known latent defect but instructs her salesperson not to disclose it to potential buyers. Both the broker and salesperson may face disciplinary action because:

Correct Answer

B) Both the broker and salesperson may face discipline — the broker for directing concealment and the salesperson for failing to disclose

Under ORC §4735.18, both the broker and salesperson have independent duties of honesty. The broker can be disciplined for directing concealment, and the salesperson for complying with the instruction and failing to disclose.

Answer Options
A
Only the broker is liable since she gave the instruction
B
Both the broker and salesperson may face discipline — the broker for directing concealment and the salesperson for failing to disclose
C
Only the salesperson is liable since she is the one directly interacting with buyers
D
Neither is liable because disclosure is solely the seller's responsibility

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Related Topics & Key Terms

Key Terms:

dual_liabilityconcealmentdisclosure_dutyORC_4735

Related Concepts

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

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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