Chapter 3: Keeping Your Real Estate License
Resigned
The license status in which a license has been voluntarily and permanently surrendered to, or is otherwise in the possession of, the Division of Real Estate and Professional Licensing, is not renewed, and is not associated with a real estate broker.
Suspension 1
The temporary withdrawal of a real estate agent's license for a certain and specified period of time. Usually reactivation is automatic the day after the suspension is lifted and is often conditioned on the fulfillment of certain requirements by the person whose license has been suspended. 2. The automatic event that occurs when a licensee fails to renew a license on time, or turn in proof of post, or continuing education.
Career Tip #2: Fair and Equal Treatment
Treat all people fairly, equally, and with respect. This will help licensees make friends, keep customers, get referrals, and be successful. It is important to understand that a real estate transaction is likely the single largest transaction most people will make in their lives. As a result, this factor can also provide the opportunity for someone to feel dissatisfied with the deal.
Revocation 1.
When the Real Estate Commission permanently withdraws a real estate agent's license. 2. The automatic event that occurs when a licensee allows their license to remain in a state of suspension for more than 12 months.
Grounds for discipline under the Ohio Revised Code § 4735.18 include:
1. Knowingly making any misrepresentation. Misrepresentation is defined as passing along false information. A misrepresentation need not be fraudulent, but the licensee must realize it is false at the time she makes the misrepresentation. 2. Making false promises with the intent to influence, persuade, or induce. 3. Making a continued course of misrepresentations or false promises through agents, advertising, salespersons, or otherwise. Note that the word "knowingly" is not part of this violation. 4. Acting for more than one party in a transaction without the knowledge and consent of all parties involved. This encompasses the problem of undisclosed dual agency, in which an agent acts on behalf of both buyer and seller without consent. However, with proper written consent from all parties, dual agency is perfectly legal. 5. Failing to account for, or remit within a reasonable time, any money coming into the licensee's possession that belongs to others. 6. Dealing dishonestly, illegally, or with gross negligence or incompetence. 7a. A final adjudication by a court of law of any violation of any civil rights or fair housing law or any unlawful discriminatory act. The law states that this must arise out of a bona fide purchase or lease attempt, which would exclude actions by testers or checkers. 7b. A second or subsequent violation of any fair housing or civil rights law, regardless of final adjudication. This violation carries a minimum two-month suspension, with the real possibility of license revocation. Any subsequent violations mandate revocation. 8. Obtaining a license by fraud, misrepresentation, or deceit. 9. Willfully disregarding this section of the law. 10. Demanding unearned commissions from other persons who are not licensees. 11. Dividing commissions with non-licensees. A licensee may pay non-licensees salaries or hourly wages as telemarketers, as long as they do not enter the process of listing, selling, or leasing. However, the licensee may not pay a bonus for leads that become sales—this is referred to as commission splitting. 12. Misrepresenting membership in a professional association. 13. Accepting a secret profit on money or assets provided by the principal. 14. Offering anything of value not in the contract as an inducement. This includes the prohibition against using real estate or improvements thereon as prizes in games of chance. 15. Acting as an undisclosed principal. This means that the licensee is acting on her own behalf, rather than as an agent. While this is not a problem if disclosure is made immediately, the problem arises when an agent desires a property that she is listing. Without disclosure, it might appear that the broker or salesperson could under-represent the property to drive the price down. 16. Guaranteeing future profits. 17. Placing a sign on any unlisted property. This is a blockbusting technique, designed to get the owner of the property to call, whereupon the owner is told of the entry of certain groups into the neighborhood as an inducement to sell. 18. Inducing the breaking of a contract to enter another. This can happen when a buyer has just entered into a lease extension. Should the agent invite the buyer to enter into a purchase agreement before resolving the lease problem, the agent has violated licensing law. 19. Negotiating with an owner who has signed an exclusive agency (right-to-sell) agreement with another office. 20. Offering real estate without the consent of the owner. This includes offering unauthorized terms of sale. 21. Causing publication of inaccurate or misleading advertising. All media are covered. Intent is unimportant, and is routinely disregarded. 22. Falsifying books of account. 23. Threatening competitors with unwarranted legal action. 24. Failing to keep complete and accurate records of all transactions for three years from the date of transaction. 25. Failing to provide true copies of listings and other agreements to all parties at the time the documents are signed. 26. Failing to maintain a trust account separate from broker funds. The account must be a non-interest-bearing account with a bank in the state of Ohio. The bank and account number must be provided to the Division as part of a broker application, and are kept for inspection by the investigations and audit bureau. 27. Failing to maintain a separate and distinct account for the deposit and maintenance of rents, security deposits, and other money received in the course of managing real property. This account may be an interest-bearing account with a bank in the state of Ohio, with interest paid to the property owner. The bank and account number must be provided to the Division as part of a broker application, and kept for inspection by the investigations and audit bureau. Brokers not engaged in property management for others are exempt. 28. Failing to put expiration dates on all written agency agreements and/or failing to obtain timely signatures on agency disclosure statements. 29. Having an unsatisfied judgment in any court against the licensee, arising out of conduct as a real estate licensee. 30. Failing to account on demand for funds placed into a licensee's hands by a party to a transaction. 31. Failing to pay a salesperson any due and earned commission within a reasonable time after receipt of funds. 32. Practicing law without a license to do so. 33. Having an adjudication of incompetency. 34. Allowing a non-licensee to act on the licensee's behalf. 35. Knowingly inserting any materially inaccurate term in a document, including naming a false consideration. 36. Failing to inform the licensee's client of the existence of an offer or counteroffer in a timely manner (unless otherwise instructed by the client, provided that the instruction does not conflict with any state or federal law). 37. Failing to inform the Division of a felony conviction. 38. Performing activities that require licensure without a license. Other Violations Although not specifically listed in ORC § 4735.18, it is important to point out three additional reasons for which a license may be suspended or revoked (these were previously discussed in this text): - Putting the broker's money into the trust account (other than money required by the bank to keep the account open). This is called commingling, which is illegally mixing money held in a trust on behalf of a client with personal funds. This account can be an interest-bearing account with a bank in the state of Ohio with interest paid to the property owner. The bank and account number must be provided to the Division as part of a broker application and kept for inspection by the Investigations and Audit Bureau. Brokers that are not engaged in property management for others are exempt. - Failing to take the required continuing education. - Failing to renew the license regardless of its status (with the exception of a military license on deposit).
Career Tip #3: Detailed Records
Always keep detailed records of contacts with the public. Contracts and other paperwork must be kept for three years. Personal logs should be kept on record for a similar period of time. Licensees need to keep in touch with people, and are constantly trying to connect with new prospects. Remember that there are strict federal and state laws that dictate when and how licensees can contact people. Know the Do Not Call and Junk Fax rules. If licensees follow the Canons of Ethics and these career tips, they can avoid pitfalls and have the records, reputation, and other tools to make build a rewarding and successful career.
The Real Estate Recovery Fund a can cover any budget deficits. b can result in unlimited payment of judgments for fair housing violations. c is used to help licensees get unpaid commissions. d is used to satisfy unpaid judgments against real estate licensees.
d. is used to satisfy unpaid judgments against real estate licensees. Correct! The purpose of the fund to make the damaged party whole as a result of the actions against a licensee. It is used solely to satisfy unpaid judgments against real estate licensees.
License on Deposit 1
A special license status that is available only to brokers who wish to return their broker's license to the Division of Real Estate and Professional Licensing in order to reactivate their license as a salesperson. A broker's license may remain on deposit indefinitely if timely renewed and continuing education requirements are met. Someone with a broker's license can also choose to be an associate broker, allowing the licensee to retain the broker's license without being designated a principal broker of the firm. 2. A special license status available to any licensee who enters the military or whose reserve military status is activated. The license remains inactive until the next renewal date following honorable discharge from the military.
Post-Licensing Educational Requirement
After a license is issued, the licensee has 12 months to: 1. Complete an approved 10-hour classroom-based post-licensing course if licensed BEFORE April 6, 2017. If licensed AFTER April 6, 2017, the licensee is required to complete a 20-hour classroom or online post-license course. Currently, no more than eight hours of post-licensing classroom-based classes can be taken by a licensee in any one day. 2. Provide evidence to the Division of Real Estate and Professional Licensing that the licensee satisfied this post-licensing course requirement. Failure to submit proof of completion for the appropriate post-licensing course will result in license suspension. The post-license education is a course created by the Commission through the collaboration with brokers, managers, educators, and other real estate professionals. The intent is to identify potential problems in their young practices and also to learn ways to get business and practice safe real estate.
License Renewal
All new licenses expire on the licensee's birthday and every three years thereafter. Licensees are mailed their own renewals about 60 days before their birthday, and each must renew their own license by filing a Certificate of Continuation on or before their birthday. Renewal is the licensee's responsibility. The first time the licensee renews their license they will not need proof of continuing education or post license education. Renewal can be performed online at the Division website. Should a broker not wish to retain a salesperson's license, the broker should: Return the license of that salesperson to the Division of Real Estate and Professional Licensing for inactivation. Send to the salesperson, via certified mail, a notice of inactivation within three days of the date the license was returned to the Division.
Ohio Canons of Ethics: Section III: Duties to Fellow Licensees
Article 17. A licensee should respect the exclusive agency of another licensee until it has expired or until the client, without solicitation, initiates a discussion with the licensee about terms upon which the licensee might take a future agency agreement or one commencing upon the expiration of any existing agreement. Article 18. A licensee should not solicit a listing that is currently listed with another broker, unless the listing broker, when asked, refuses to disclose the expiration and nature of the listing. In that event, the licensee may contact the owner to secure such information and may discuss the terms upon which the licensee might take a future listing or one commencing upon the expiration of any existing exclusive listing. Article 19. A licensee should not solicit a buyer/tenant who is subject to an exclusive buyer/tenant agreement, unless the broker, when asked, refuses to disclose the expiration and nature of the exclusive buyer/tenant agreement. In that event, the licensee may contact the buyer/tenant to secure such information and may discuss the terms upon which the licensee might enter into a future buyer/tenant agreement or may enter into a buyer/tenant agreement to become effective upon the expiration of any existing exclusive buyer/ tenant agreement.
Career Tip #1: Guidelines and Rules
Pay attention to all procedural guidelines and rules, especially those mentioned as ones that can result in license suspension or revocation. One of the fastest ways to lose a license is to violate fair housing laws, which are detailed thoroughly in a later chapter. Licensees should pay close attention to them; failure to follow the law can cause suspension or revocation of a license. Additionally, knowledge of these laws is also helpful in obtaining a license since they factor into a large number of test questions.
Complaint Procedures
Resolution can be pursued when conflicts arise between real estate brokers and/or salespersons and the public or other real estate professionals. A complaint can be filed with the Ohio Division of Real Estate and Professional Licensing or, if the licensee is a member, the state or local board of REALTORS®. A civil suit can also be filed. In addition to other misconduct that we will discuss later in the chapter, some of the more common reasons for complaints involve: Failure to remit earnest money. Misrepresentation. Conflict of interest.
Real Estate Recovery Fund
The Real Estate Recovery Fund is used to satisfy unpaid judgments against real estate licensees for activities in violation of the license law that caused financial loss to the claimant. The amount in the Fund determines what amount, if any, the Commission may impose as a special assessment to all licensees who are renewing their licenses: If the Fund falls below $500,000, up to $10 may be assessed. If the Fund is between $500,000 and $2 million, up to $5 may be assessed. If the Fund is above $2 million, no amount will be assessed. In order for a claimant to use the fund, there must be an unsatisfied court ordered judgment against a broker or salesperson for a real estate-related activity. This judgment must represent a final order that cannot be appealed by the licensee. Furthermore, a claimant must show that the licensee failed to pay part or all of the judgment, despite diligent efforts by the claimant to collect from the licensee. Claims against the fund must be filed within one year of the final court judgment. The payment ceiling is $40,000 for each licensee involved in a transaction. Note that the limit is per licensee, not per violation. Should more than one licensee be involved, the ceiling is multiplied by the number of licensees. If this sum does not cover the full amount of the claims from the transaction, then claimants shall be paid in proportion to their judgments. When a payment is made from the fund in the name of any licensee, that person's license is automatically suspended and is not subject to reactivation until the amount, including interest, is repaid. A discharge in bankruptcy will not relieve the licensee of this obligation.
Complaint Procedure: Confidentiality and Letters of Reprimand
The investigation and its results are confidential, as are all reports prepared by Division employees. Also, if more than three years have elapsed from the time the alleged facts of the incident occurred, no disciplinary action may be taken on that complaint. The Superintendent may issue an administrative letter of reprimand for minor infractions of license law where there is a determination that the licensee had no intention of violating the law, and had not had any previous violations. This letter is issued as a warning to educate the violator and prevent further infractions.
License Inactive
The license status of any salesperson who returns his license to the Division of Real Estate and Professional Licensing, or whose broker does not want to maintain sponsorship of the licensee. A license may remain inactive indefinitely, as long as it is timely renewed and continuing education requirements are met.
Which is a post-licensing requirement for those licensed after April 6, 2017? a. Licensees may take no more than ten hours of education per day. b. Licensees must complete a 20-hour post-licensing course within the first year of being licensed. c. Licensees must provide evidence to the Ohio Real Estate Commission that they satisfied their post-licensing requirements. d. Licensees must register their licenses with the Clerk of Courts.
b. Licensees must complete a 20-hour post-licensing course within the first year of being licensed. A new licensee has 12 months after the license is issued to complete an approved 20-hour post-licensing course.
Which is NOT a license status? a license active b license in escrow c license inactive d license on deposit
b. license in escrow Correct! Besides active licenses, other license statuses are license on deposit, inactive, suspension, resigned and revoked status. There is no status known as license in escrow.
Question 2 Which statement regarding suspension of a license is TRUE? a It can happen only after the third offense. b It is final and may not be appealed. c It is for a set period of time with reactivation after the suspension is lifted. d The licensee may submit a reapplication, which may be denied by the Ohio Real Estate Commission.
c. It is for a set period of time with reactivation after the suspension is lifted. Suspension means that a license is withdrawn for a specified period of time and calls for the performance of a condition prior to reactivation. Non-performance of a condition during suspension may result in license revocation.
How many hours of continuing education are required during every renewal cycle? a. 10 hours b. 15 hours c. 20 hours d. 30 hours
d. 30 hours Correct! All licensees must complete 30 hours of continuing education (CE) requirements during every renewal cycle.
License Transfer
A licensee may transfer her license from one broker to another at any time by delivering a written notice to her present broker of the intent to transfer and then completing a transfer application with the new broker. Keep in mind when transferring from one broker to another, an agent cannot do anything on behalf of a broker once the agent has left. The agent cannot do any activity that requires a license on behalf of their new broker until a license is issued to the new broker. This includes activities such as having a sign in someone's yard, running an ad in the local newspaper, and having a live website. Every license issued by the Division is valid until expired, revoked, or suspended. Specific causes of action for revocation and suspension of licenses are detailed later in this chapter. Select NEXT to continue.
Real Estate Career Tips
After working hard to obtain a license and fulfill the ongoing requirements to keep the license active, be aware of all the ways a license can be jeopardized. The previous lists in this chapter outline several simple mistakes that can cause suspension or revocation of a license. The most common pitfalls are: 1 Forgetting to put an expiration date on a listing agreement. 2 Failing to give copies of contracts to parties as soon as they are signed. 3 Not submitting an agency disclosure form at the time an offer is presented. 4 Forgetting the Consumer Guide to Agency when prescribed by law. 5 Not disclosing material facts concerning listed properties. 6 Not keeping good records (Remember: Keep good records, keep good records!) If licensees follow the laws and procedures outlined in the coursework, they will have fewer problems. A licensee never knows when they may have to defend their right to a commission, and/or show that they performed a service or followed a lawful instruction of a client. The best record keeper usually wins those contests.
Continuing Education Requirement
All licensees must complete 30 hours of continuing education (CE) requirements: On or before their birthday three years after the date of initial licensure AND On or before that birthday every three years until they reach the age of 70. For Example: Sally is licensed on June 30, 2017. Her birthday is November 15. Her CE is due November 15, 2020. The 30 hours of CE are broken down as follows: 3 hours on recently enacted real estate legislation and court decisions (referred to as Core Law) 3 hours of Civil Rights updates (Fair Housing) A 3-hour course on "Canons of Ethics" per the Ohio Real Estate Commission The balance (21 hours) of CE electives must be approved by the Ohio Division of Real Estate and Professional Licensing Principal brokers, associate brokers, and management level licensees are required to take a 3-hour continuing education (CE) course on the fundamental duties of a broker, in addition to the 9 hours of mandated CE topics, leaving them needing only 18 hours of Division-approved elective topics. All 30 hours of CE requirements may be satisfied through distance learning, online courses, or in a classroom. Licensees may take more than 30 hours of CE, but only up to 10 extra hours can count toward future three-year periods. No more than 8 hours of classroom CE may be taken per day. Licensees who are 70 or older need only complete the 9 hours of required CE classes every three years beginning with the three-year cycle in which their 70th birthday falls. The 9 hours must consist of: 3 hours of Core Law 3 hours of Civil Rights (Fair Housing) 3 hours of Canons of Ethics Note: A licensee who is 70 years old and has a license on inactive status is not required to take continuing education.
Complaint Procedure: Role of the Superintendent
Complaints that involve alleged violations of license laws should be filed with the Ohio Division of Real Estate and Professional Licensing. Anyone can file a written complaint against a licensee with the Superintendent. Upon receipt of the complaint, the Superintendent reviews the facts and supporting documentation for jurisdiction. If the complaint falls within the Superintendent's jurisdiction, the law provides for a voluntary informal mediation to try and resolve the matter. If the parties fail to agree, the complaint is researched by an investigator assigned to the case by the Superintendent. The licensee is notified about the complaint by regular mail.
Ethics in Real Estate
Ethics in real estate can seem like a complex issue, but it really boils down to a few simple points: - Carry out fiduciary responsibilities - Make proper disclosures - Do not take unfair advantage of people - Be honest with everyone - Treat everyone equally - Keep good documentation In addition to these general guidelines, all licensees should be familiar with and follow the Canons of Ethics that, pursuant to the requirement of ORC Section 4735.03 (A), has been promulgated by the Ohio Real Estate Commission for the real estate industry. All Ohio licensees are bound by the Canons of Ethics. REALTORS® and REALTISTS, that is, members of the National Association of REALTORS® and the National Association of Real Estate Brokers, are further bound by a separate Code of Ethics. On the following pages, we will look at each Section of the Canons of Ethics.
Grounds for Discipline (Ohio Revised Code Section 4735.18)
Ohio real estate law mandates that the Superintendent must investigate the conduct of any licensee against whom a written complaint has been filed. The Superintendent may also, on his own initiative, investigate the activities of a licensee. The Commission shall impose discipline against the licensee, which may include suspension or revocation, if the licensee is found guilty of any of the specifcally named activities, which we'll look at next. In order to avoid suspension or revocation, all licensees need to be familiar with the actions that result in such discipline. For this reason, the prohibited activities listed on the following pages are important to know for real estate practice; plus, they are popular topics for test questions!
Suspension and Revocation of Real Estate Licenses
Suspension means that a license is withdrawn for a specified period of time and calls for the performance of a condition prior to reactivation. Non-performance of a condition during suspension may result in license revocation. Revocation means permanently withdrawing a real estate licensee's license. Issuance of a new license to a person with a previously revoked license is by application (prelicensing certificates are good for ten years), reviewed by the Commission, and may be denied. If suspension or revocation of a license is the result of a formal hearing, the licensee has the right to appeal to a common pleas court.
Complaint Procedure: Citations
The Superintendent may issue citations to a licensee instead of initiating a formal investigation for violations of: Advertising law. Proper administration of the Consumer Guide to Agency Relationships. Agency/Dual Agency requirements. Fair Housing language. Citations may be up to $200 for each violation (up to a maximum total of $2,500). Citations provide a quick way to handle infractions of license law. They avert the investigation and formal hearing process and allow all parties to move beyond the misconduct. On receipt of evidence of a violation of these laws, the Superintendent has discretion to: Initiate a formal investigation. The Superintendent must initiate a formal investigation if a licensee is cited more than three times within 12 consecutive months. Issue a citation. Gives notice to licensee of the alleged violation and the opportunity to request a formal hearing within 30 days of the notice. Issue a citation of up to $200 per violation deposited in the Real Estate Recovery Fund. If no hearing, the citation becomes final on the 31st day after issuance. Failure to pay the citation within 60 days results in an automatic suspension of the license.
Real Estate Recovery Fund
Used to satisfy unpaid judgments against real estate licensees for activities violating the license law that caused financial loss to the claimant.
Complaint Procedure: Commission Decisions
Upon completion of the investigation, the complaint is either dismissed or placed on the docket for a formal hearing before an independent Hearing Examiner. The licensee is then notified of the hearing by certified mail. After hearing the case, the Hearing Examiner makes a finding of facts as to whether any licensing laws have been violated. After reviewing the finding, the Superintendent makes a recommendation to the Commission, which then determines what course of action to take against the licensee, if any. The Commission's decision could involve: Suspension or revocation. A fine of up to $2,500 per violation. Possible public reprimand (e.g., reported in the Division Newsletter). Completion of additional educational requirements. The licensee has the right to appeal to common pleas court.
Ohio Canons of Ethics: Section I: General Duties to the Public and Industry
Article 1. Licensing as a real estate broker or salesperson indicates to the public at large that the individual so designated has special expertise in real estate matters and is subject to high standards of conduct in the licensee's business and personal affairs. The licensee should endeavor to maintain and establish high standards of professional conduct and integrity in dealings with members of the public as well as with fellow licensees and, further, seek to avoid even the appearance of impropriety in any activities, as a licensee. Article 2. It is the duty of the broker to protect the public against fraud, misrepresentation, or unethical practices in real estate transactions. The licensee should endeavor to eliminate in the community, any practices that could be damaging to the public or to the integrity of the real estate profession. Article 3. The licensee should provide assistance wherever possible to the members and staff of the Real Estate Commission and Division of Real Estate and Professional Licensing in the enforcement of the licensing statutes and administrative rules and regulations adopted in accordance therewith. Article 4. The licensee should be knowledgeable of the laws of Ohio pertinent to real estate and should keep informed of changes in the statutes of Ohio affecting the duties and responsibilities of a licensee. Article 5. A licensee should represent clients competently and should promote the advancement of professional education in the real estate industry through the licensee's conduct. Article 6. The licensee should be informed as to matters affecting real estate in the community, state, and the nation, so that the licensee may be able to contribute to public thinking on such matters including taxation, legislation, land use, city planning, and other questions affecting property interests.
Ohio Canons of Ethics: Section II: Specific Duties to Clients and Customers
Article 7. The licensee should disclose all known material facts concerning a property on which the licensee is representing a seller or purchaser to avoid misrepresentation or concealment of material facts. Article 8. The licensee should recommend that title be examined and legal counsel be obtained. Article 9. The licensee, for the protection of all parties, should see that financial obligations and commitments regarding real estate transactions are in writing, expressing the exact agreements of the parties; and also copies of such agreements, at the time they are executed, must be placed in the hands of all parties involved. Article 10. A licensee should not enter into an agency relationship with a party whose interests are in conflict with those ofthe licensee or another client represented by the licensee without fully disclosing the potential conflict and obtaining the informed consent of all parties. Article 11. A licensee should not accept compensation from more than one party without the full knowledge and consent of all parties to the transaction. Article 12. When acting as a seller's agent, a licensee should disclose to the seller if the licensee is the actual purchaser, or if the purchaser is another licensee affiliated with the same brokerage as the licensee, a business entity in which the licensee has an interest, or is a member of the licensee's immediate family. Article 13. When asked to provide an appraisal (formal or informal), price opinion, comparative market analysis, or any other task that is intended to determine the value ofproperty, a licensee shall not render an opinion without the careful analysis and interpretation of all factors affecting the property and should not mislead the client as to the value of the property. Article 14. The licensee should not undertake to provide professional services concerning a property or its value where the licensee has a present or contemplated interest unless such interest is specifically disclosed to all affected parties. Nor should the licensee make a formal appraisal when the licensee's employment or fee charged for the appraisal is contingent upon the amount of the appraisal. Article 15. The licensee should not attempt to provide an appraisal, price opinion, comparative market analysis, or any other task that is intended to determine the value of a property if the subject property is of a type that is outside the field of expertise of the licensee unless, the licensee obtains the assistance of another licensee or appraiser who has expertise in this type of property. Article 16. The licensee should not advertise property without authority, and in any advertisement, the price quoted should be agreed upon with the owners as the offering price.
Submission of Proof
The licensee is responsible for submitting proof of completed CE requirements to the Division of Real Estate and Professional Licensing on or before the licensee's date of birth three years after the date of initial licensure, and every three years thereafter on or before the licensee's birthday. Licensees must wait until completing all 30 hours, then send copies of all certificates at one time (be sure to keep copies). Failure to submit proof of completion for the 20-hour post-licensing course (10 hours if licensed before April 6, 2017) or 30 hours of CE will result in license suspension. There is a one-year grace period for the post-licensing course and the 30 hours of CE. During the grace period, the license remains suspended until coursework is completed and application for reactivation is submitted with the appropriate fee and certifications. When you select NEXT to continue, Al will summarize some key points about post-licensing and continuing education requirements.
Which is the license expiration and/or renewal procedure? a Licenses are automatically renewed at the end of each year. b Licenses expire on December 31 unless the licensee files a notice of continuation with the Division of Real Estate and Professional Licensing. c Licenses expire on the licensee's birthday and are renewed by the licensee filing a certificate of continuation (notice of renewal) with the Division of Real Estate and Professional Licensing. d Licenses expire unless the licensee can prove continued usage.
c. Licenses expire on the licensee's birthday and are renewed by the licensee filing a certificate of continuation (notice of renewal) with the Division of Real Estate and Professional Licensing. Correct! All new licenses expire on the licensee's birthday every three years thereafter. Licensees are mailed their own renewals about 60 days before their birthday, and each must renew their own license by filing a Certificate of Continuation on or before their birthday.
A license can be suspended or revoked for a advertising in the newspaper, in which case the paper was responsible for an error or omission b paying non-licensees salaries or wages as telemarketers c representing more than one party in a transaction, with the consent of only one of the parties d unknowingly making a misrepresentation, because the seller/client gave the licensee the wrong information
c. representing more than one party in a transaction, with the consent of only one of the parties Correct! The key point is disclosure to and consent of all parties, OR the license will be suspended or revoked.
A complaint procedure may NOT result in a an appeal to Common Pleas Court. b a formal hearing. c the investigation proceedings becoming a matter of public record. d a license suspension or revocation and a fine of up to $2,500 per violation.
c. the investigation proceedings becoming a matter of public record. Correct! The investigation and its results are confidential, as are all reports prepared by Division employees.
Which statement regarding revocation of a license is TRUE? a It can happen only after the third offense b It is final and may not be appealed c It is for a set period of time with automatic reactivation on the day after the revocation is lifted d The licensee may submit a reapplication, which may be denied by the Ohio Real Estate Commission
d. The licensee may submit a reapplication, which may be denied by the Ohio Real Estate CommissionThis answer is correct. Correct! Once a license has been REVOKED, the former licensee may submit a reapplication to the Commission, which may take action on the application.
