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Oh License Law Orc 4735Disciplinary_processMEDIUM

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.

Answer Options
A
Violates fair housing requirements by favoring one buyer over others
B
Constitutes dishonest dealing through the use of undisclosed inducements
C
Exceeds the commission split permitted between a broker and affiliated licensee
D
Requires prior written approval from the Ohio Real Estate Commission before issuance

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Related Topics & Key Terms

Key Terms:

undisclosed_inducementsdishonest_dealingfull_disclosureORC_4735

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.

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