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Oh License Law Orc 4735Trust_accounts_2_banking_daysMEDIUM

A buyer gives an Ohio salesperson a $10,000 personal check as earnest money on Monday morning. The salesperson holds the check in his desk for five days before delivering it to the broker. Under ORC Chapter 4735, what is the consequence of this delay?

Correct Answer

D) The salesperson violated the prompt delivery requirement, and both the salesperson and broker may be subject to disciplinary action

Under ORC §4735.18, the 2 banking day deposit requirement is triggered when the salesperson receives the earnest money — not when the broker receives it. The salesperson is required to promptly deliver funds to the broker so the broker can meet the deposit deadline. A 5-day delay by the salesperson violates this requirement. Both the salesperson and the broker of record may face discipline: the salesperson for failing to deliver promptly, and the broker for failing to supervise and ensure compliance with trust account rules.

Answer Options
A
No violation occurs because the 2 banking day clock does not begin until the broker physically receives the check
B
No violation occurs because the check was not cashed or deposited during the delay
C
Only the broker faces discipline, since the broker is ultimately responsible for all trust account compliance
D
The salesperson violated the prompt delivery requirement, and both the salesperson and broker may be subject to disciplinary action

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Related Topics & Key Terms

Key Terms:

salesperson_receiptprompt_delivery2_banking_daysORC_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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