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Oh License Law Orc 4735Trust_accounts_2_banking_daysHARD

An Ohio broker receives a promissory note as earnest money from a buyer. Under ORC Chapter 4735, what is the broker's required course of action?

Correct Answer

C) Hold the note securely, disclose its form to all parties, and document it as such in the purchase agreement

Under ORC §4735.18, a promissory note is a permissible form of earnest money provided all parties are informed and the purchase agreement reflects its use. The broker must hold the note securely — it cannot be deposited like cash — and full disclosure ensures no party is misled about the nature of the consideration.

Answer Options
A
Refuse the note and require the buyer to substitute a personal check before presenting the offer
B
Deposit the note into the trust account using the same procedure as a check
C
Hold the note securely, disclose its form to all parties, and document it as such in the purchase agreement
D
Present the offer but hold the note only until the seller accepts, then return it to the buyer for conversion to cash

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Related Topics & Key Terms

Key Terms:

promissory_noteearnest_moneydisclosureproper_handlingORC_4735

Related Concepts

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

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