Exam Cheat Sheet · Quick Reference
Ohio Real Estate Salesperson
Ohio · PSI Services Real Estate
Ohio State Portion 40 questions
Key Distinctions
Under an exclusive agency agreement the broker is compensated unless the property is sold or leased solely through the seller's own efforts (or to specifically exempted persons), while under an exclusive right to sell the broker is compensated even if the seller personally finds the buyer.
Ohio Chapter 4735, Section 4735.01(V)(A)(3) targets a continued course of misrepresentation or making of false promises through agents, salespersons, advertising or otherwise, whereas (A)(1) covers a single knowing misrepresentation and (A)(6) covers dishonest dealing or misconduct generally.
Ohio Chapter 4735, Section 4735.18(A)(3)Post-license education is 20 hours that a newly licensed salesperson must complete within twelve months of license issuance, while continuing education is 30 hours required for each three-year renewal period.
ORC 4735.09(J)Duties under 4735.63 or 4735.65, such as the duty to present all offers, may be waived if the client agrees and signs a waiver of duties statement, but the core duties under 4735.62 (loyalty, confidentiality, honesty) may not be waived by a client.
ORC 4735.621(B)The federal Fair Housing Act protects seven classes (race, color, religion, sex, national origin, familial status, disability), while Ohio adds military status and ancestry.
ORC 4735.16(D)The Superintendent and Division handle day-to-day investigations under ORC 4735.05(B)(3)-(4), but the Commission holds ultimate authority over investigation and discipline, including revocation, suspension, fines, reprimand and added education.
ORC 4735.051(G); ORC 4735.051(I); ORC 4735.03Commission disciplinary orders are appealed under ORC 119.12 to the Franklin County Court of Common Pleas; a case can reach the Ohio Supreme Court only after proceeding through intermediate appellate courts.
ORC 4735.19A licensee on inactive status may not practice real estate or receive compensation for real estate activity and must reactivate first; inactive licensees under age 70 also remain subject to CE, with automatic suspension for failure (licensees 70 or older on inactive status are exempt from CE).
ORC 4735.02(A)ORC 4735.01(I)(1)(d) exempts an attorney only for legal services incidental to the law practice; an attorney who engages in the brokerage business as a primary activity needs a real estate license.
ORC 4735.01(I)(1)(d)A brokerage using accounts in the owners' names must still comply with paragraphs (C) and (E) of Rule 1301:5-5-11, including an accounting to each owner at least quarterly, whereas brokers otherwise must keep a special or trust bank account, separate from personal or other accounts, for rents, security deposits and escrow funds at a state or federally chartered institution located in Ohio.
Ohio Adm. Code 1301:5, Rule 1301:5-5-23(C)The Commission may fine a licensee up to $2,500 per violation under ORC 4735.051(I), while for unlicensed activity under ORC 4735.052(C)(4) it may assess a civil penalty up to $1,000 per violation with each day of violation a separate violation.
ORC 4735.051(I)The listing agreement is between the seller and the broker, so it does not terminate when the listing salesperson dies (another licensee may service it), while the death of the broker leads to appointment of an ancillary trustee to wind down the brokerage and handle pending transactions and client funds.
ORC 4735.01(U)Key Terms
Formulas to Know
Fund liability ≤ $40,000 for any one licensee, regardless of the number of claims; if insufficient, the $40,000 is distributed among claimants proportionally to their respective claims. After reactivation with full repayment (ORC 4735.12(E)), liability resets to $40,000, but only for transactions occurring after reactivation.Fine ≤ $2,500 per violation (in addition to possible revocation, suspension, public reprimand, and additional continuing education).Penalty ≤ $1,000 per violation; each day the violation occurs or continues = one separate violation.30 hours of CE per 3-year renewal period (license renewed every 3 years).20 hours completed and proof submitted not later than 12 months after the date of license issuance; failure = automatic suspension.Satisfy CE within 12 months of the first birthday after discharge, or within a period equal to the total months of active duty — whichever is greater.Retain all transaction and trust account records for a minimum of 3 years, measured from the date of the transaction (closing or termination).Investigation must be commenced within 3 years from the date the alleged violation occurred, or it is barred.File the appeal in the Franklin County Court of Common Pleas within 15 days of the mailing of the notice of the agency's order.Provide an accounting to each property owner on a regular basis, but not less than quarterly.