A buyer's agent provides the buyer with a $500 gift card after closing without mentioning it in the purchase agreement or disclosing it to the seller or lender. Under ORC §4735.18, this conduct most likely constitutes grounds for discipline because it:
Correct Answer
B) Constitutes dishonest dealing through the use of undisclosed inducements
ORC §4735.18(A)(6) prohibits dishonest or illegal dealing. Providing an undisclosed financial inducement to a buyer without disclosure to all parties — including the seller and lender — constitutes dishonest dealing and can also implicate federal RESPA requirements. All material incentives must be disclosed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
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.
More Oh License Law Orc 4735 Questions
Under ORC Chapter 4735, which statement most accurately describes the role of the Ohio Real Estate Commission in relation to the Superintendent of Real Estate?
Under ORC Chapter 4735, the name on an Ohio broker's trust account must include which identification?
Under ORC Chapter 4735, which of the following describes a broker's authority over funds held in a trust account?
Under ORC Chapter 4735, an offer is submitted with a $7,500 earnest money check and the seller rejects it the following morning. When may the broker release the earnest money to the buyer?
Under ORC Chapter 4735, all of the following activities require an Ohio real estate license EXCEPT:
- → An Ohio salesperson is found to have refused to show properties to a buyer based solely on the buyer's military status. Which of the following accurately describes the legal consequences that may result?
- → An Ohio salesperson's license lapsed 18 months ago. Under ORC Chapter 4735 and Ohio Administrative Code rules, what is required before the salesperson can reactivate the license?
- → Under ORC Chapter 4735, Broker Adams wants to form a real estate partnership with Broker Lee. Which licensing requirement applies to the partnership entity?
- → 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, who has the authority to impose a civil penalty (fine) on an Ohio real estate licensee for a licensing violation?
- → A salesperson receives a referral fee directly from a mortgage lender for directing clients to that lender. Under ORC Chapter 4735, which statement correctly describes the licensee's obligation?
- → Under ORC Chapter 4735, what is the minimum period an Ohio broker must retain trust account records after a transaction is completed or terminated?
- → The Ohio Division of Real Estate & Professional Licensing is auditing a brokerage and discovers multiple violations. A licensee challenges the Division's authority, arguing it lacks jurisdiction over one of the following actions. Under ORC Chapter 4735, which action is OUTSIDE the Superintendent's statutory authority?
- → Under ORC Chapter 4735, which of the following most accurately describes a broker's obligation when holding earnest money received from a buyer?
- → Under ORC §4735.141, how are Ohio's 30 continuing education hours structured for active salespersons and brokers?