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Ohio Statutes, Title 47

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Ohio/Statutes

← All Ohio coverage

Title 47, Occupations-Professions

66 chapters · 2,174 sections in this title.

All chapters in Title 472,174 Ch 4731, Physicians; Limited Practitioners143 Ch 4729, Pharmacists; Dangerous Drugs127 Ch 4723, Nurses111 Ch 4715, Dentists; Dental Hygienists99 Ch 4735, Real Estate Brokers74 Ch 4725, Optometrists; Dispensing Opticians66 Ch 4765, First Responders, Emergency Medical …64 Ch 4713, Cosmetologists62 Ch 4734, Chiropractors61 Ch 4755, Occupational Therapists; Physical Th…59 Ch 4703, Architects58 Ch 4781, Manufactured Homes56 Ch 4730, Physician Assistants55 Ch 4758, Chemical Dependency Professionals55

2,174 sections·Filtered byTitle 47✕

Ohio Rev. Code Ann. § 4735.211 Division of real estate operating fund
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All fines imposed under section 4735.051 of the Revised Code, and all fees and charges collected under sections 4735.06, 4735.09, 4735.13, 4735.15, 4735.25, 4735.27, 4735.28, and 4735.29 of the Revised Code, except such fees as are paid to the real estate recovery fund as provide…
Ohio Rev. Code Ann. § 4735.22 Referral of home inspectors
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If a real estate broker or real estate salesperson provides the name of a home inspector to a purchaser or seller of real estate, the broker or salesperson shall provide the buyer or seller with the names of at least three home inspectors. Any home inspector named shall be licens…
Ohio Rev. Code Ann. § 4735.23 Review of programs
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At the request of the superintendent of real estate, the department of higher education or the state board of career colleges and schools with respect to an institution that offers a certificate program, may, in consultation with the division of real estate, perform a review of p…
Ohio Rev. Code Ann. § 4735.24 Earnest money to be maintained in special account

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(A) Except as otherwise provided in this section, when earnest money connected to a real estate purchase agreement is deposited in a real estate broker's trust or special account, the broker shall maintain that money in the account in accordance with the terms of the purchase agr…

Ohio Rev. Code Ann. § 4735.25 Dealing in foreign real estate

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(A)(1) No person, other than an actual bona fide owner selling for the owner's own account in a single transaction and not by way of repeated or successive transactions, or a person excepted from obtaining a license under section 4735.01 of the Revised Code, shall sell, lease, or…

Ohio Rev. Code Ann. § 4735.26 Refusing to qualify foreign real estate

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(A) If the superintendent of real estate has refused to qualify any foreign real estate under section 4735.25 of the Revised Code, or has suspended or revoked the qualification of any foreign real estate, the aggrieved party may appeal in accordance with Chapter 119. of the Revis…

Ohio Rev. Code Ann. § 4735.27 Foreign real estate dealer's license

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(A) An application to act as a foreign real estate dealer shall be in writing and filed with the superintendent of real estate. It shall be in the form the superintendent prescribes and shall contain the following information: (1) The name and address of the applicant; (2) If the…

Ohio Rev. Code Ann. § 4735.28 Foreign real estate salesperson's license

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(A) An application to act as a foreign real estate salesperson shall be in writing and filed with the superintendent of real estate. It shall be in the form the superintendent prescribes and shall contain the following information: (1) The name and complete residence and business…

Ohio Rev. Code Ann. § 4735.29 Renewals

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The license of every foreign real estate dealer and salesman shall expire on the thirty-first day of December of each year, and may be renewed upon the filing with the superintendent of real estate of an application for renewal, and the payment of the fee prescribed in section 47…

Ohio Rev. Code Ann. § 4735.30 False representations of material or relevant facts

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No person shall knowingly make or cause to be made any false representation concerning a material and relevant fact, in any oral statement or in any description, application, or written statement, for the purpose of securing the qualification of any foreign real estate under sect…

Ohio Rev. Code Ann. § 4735.32 Investigations

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(A)(1) The Ohio real estate commission or the superintendent of real estate may commence, at any time within three years from the date on which an alleged violation of a provision of this or another chapter of the Revised Code occurred, any investigation that relates to the condu…

Ohio Rev. Code Ann. § 4735.33 Effect of child support default on license

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On receipt of a notice pursuant to section 3123.43 of the Revised Code, the superintendent of real estate shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license issued …

Ohio Rev. Code Ann. § 4735.51 Agency relationship - disclosure definitions

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As used in sections 4735.51 to 4735.74 of the Revised Code: (A) "Agency" and "agency relationship" mean a relationship in which a licensee represents another person in a real estate transaction. (B) "Agency agreement" means a contract between a licensee and a client in which the …

Ohio Rev. Code Ann. § 4735.52 Scope of chapter

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The types of agency relationships permitted in a real estate transaction are determined by the provisions of this Chapter. Except to the extent the duties of a real estate agent are specifically set forth in this chapter, or are otherwise modified by agreement, the duties of a re…

Ohio Rev. Code Ann. § 4735.53 Agency relationships permitted

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(A) The types of agency relationships a licensee may establish in a real estate transaction are limited to the following: (1) An agency relationship between the licensee and the seller; (2) An agency relationship between the licensee and the purchaser; (3) A dual agency relations…

Ohio Rev. Code Ann. § 4735.54 Written company policy for types of agency relationships for brokerage

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Each brokerage shall develop and maintain a written company policy that sets forth the types of agency relationships that members of that brokerage may establish. The policy shall include provisions on whether any dual agency relationships set forth in section 4735.70 of the Revi…

Ohio Rev. Code Ann. § 4735.55 Written agency agreements

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(A) As used in this section: (1) "Residential real property" has the same meaning as in section 5302.30 of the Revised Code. (2) "Residential premises" and "tenant" have the same meanings as in section 5321.01 of the Revised Code. (B) A licensee shall enter into a written agency …

Ohio Rev. Code Ann. § 4735.56 Written brokerage policy on agency required - disclosure to client

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(A) Each brokerage shall develop a written brokerage policy on agency to be given to prospective sellers, tenants, and purchasers in accordance with this section. (B) The brokerage policy on agency described in division (A) of this section shall include all of the following infor…

Ohio Rev. Code Ann. § 4735.57 Agency disclosure statement - dual agency disclosure

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(A) The superintendent of real estate, with the approval of the Ohio real estate commission, shall establish by rule an agency disclosure statement. The agency disclosure statement shall contain a place for the licensee and the parties to the transaction to sign and date the stat…

Ohio Rev. Code Ann. § 4735.58 When disclosure statements to be provided

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(A)(1) A licensee who is a purchaser's agent or a seller's subagent working with a purchaser shall present the agency disclosure statement described in section 4735.57 of the Revised Code to the purchaser and request the purchaser to sign and date the statement no later than the …

Ohio Rev. Code Ann. § 4735.59 Changing the party a licensee represents

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To change the party a licensee represents in a real estate transaction after an agency disclosure statement has been signed and dated, following verbal disclosure of the agency relationship, or following an agency agreement under section 4735.55 of the Revised Code, the licensee …

Ohio Rev. Code Ann. § 4735.60 Licensee representing purchaser disclosures

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A licensee representing a purchaser shall do the following: (A) Disclose to the licensee representing the seller, or if the seller is not represented, disclose to the seller, that the licensee represents the purchaser in the transaction. This disclosure shall take place during th…

Ohio Rev. Code Ann. § 4735.61 Prohibiting false information

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No licensee shall knowingly give false information to any party in a real estate transaction.

Ohio Rev. Code Ann. § 4735.62 Fiduciary duties generally

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In representing any client in an agency or subagency relationship, the licensee shall be a fiduciary of the client and shall use the licensee's best efforts to further the interest of the client including, but not limited to, doing all of the following: (A) Exercising reasonable …

Ohio Rev. Code Ann. § 4735.621 Waiver of fiduciary duties

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(A) The duties required of a licensee under section 4735.62 of the Revised Code may not be waived by a client. (B) A licensee shall perform the duties required under section 4735.63 or 4735.65 of the Revised Code unless the client agrees to waive these duties, and signs a waiver …

Ohio Rev. Code Ann. § 4735.63 Representing seller in agency relationship - duty to promote interests of client

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(A) In representing a seller in an agency relationship, a licensee shall: (1) Seek a purchase offer at a price and with terms acceptable to the seller. Unless the seller so directs, the licensee is not obligated to seek additional offers if the property is subject to a contract o…

Ohio Rev. Code Ann. § 4735.64 Representing seller in agency relationship - prohibited acts

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In representing a seller in an agency relationship, no licensee shall do either of the following without the knowledge and consent of the seller: (A) Extend an offer of subagency to other licensees; (B) Offer compensation to a broker who represents a purchaser.

Ohio Rev. Code Ann. § 4735.65 Representing buyer in agency relationship - duty to promote interests of client

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(A) In representing a purchaser in an agency relationship, a licensee shall: (1) Seek a property at a price and with purchase or lease terms acceptable to the purchaser. Unless the client so directs, the licensee is not obligated to seek additional purchase or lease possibilities…

Ohio Rev. Code Ann. § 4735.66 Representing buyer in agency relationship - prohibited acts

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In representing a purchaser in an agency relationship, no licensee shall do either of the following without the knowledge and consent of the purchaser: (A) Extend an offer of subagency to other licensees; (B) Accept compensation from a broker who represents a seller.

Ohio Rev. Code Ann. § 4735.67 Disclosures to purchaser

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(A) A licensee shall disclose to any purchaser all material facts of which the licensee has actual knowledge pertaining to the physical condition of the property that the purchaser would not discover by a reasonably diligent inspection, including material defects in the property,…

Ohio Rev. Code Ann. § 4735.68 Liability for false information

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(A) A licensee is not liable to any party for false information that the licensee's client provided to the licensee and that the licensee in turn provided to another party in the real estate transaction, unless the licensee had actual knowledge that the information was false or a…

Ohio Rev. Code Ann. § 4735.69 Assisting party who is not a client

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(A) A licensee may assist a party who is not the licensee's client in a real estate transaction by doing any of the following: (1) Providing information regarding lenders, inspectors, attorneys, insurance agents, surveyors, draftspersons, architects, schools, shopping facilities,…

Ohio Rev. Code Ann. § 4735.70 Dual agency definitions

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The following are dual agents under this chapter: (A) A licensee who represents both the purchaser and the seller as clients in the same real estate transaction; (B) A brokerage that represents both the purchaser and the seller as clients in the same real estate transaction; (C) …

Ohio Rev. Code Ann. § 4735.71 Dual agency - disclosure statement

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(A) No licensee or brokerage shall participate in a dual agency relationship described in section 4735.70 of the Revised Code unless both the seller and the purchaser in the transaction have full knowledge of the dual representation and consent in writing to the dual representati…

Ohio Rev. Code Ann. § 4735.72 Dual agency - brokerage and management level licensees

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(A) The brokerage and management level licensees in a brokerage in which there is a dual agency relationship described in section 4735.70 of the Revised Code shall do each of the following: (1) Objectively supervise the affiliated licensees in the fulfillment of their duties and …

Ohio Rev. Code Ann. § 4735.74 Duties following closing of transaction

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Unless otherwise agreed in writing, a licensee owes no further duty to a client after performance of all duties or after any contract has terminated or expired, except for both of the following: (A) Providing the client with an accounting of all moneys and property relating to th…

Ohio Rev. Code Ann. § 4735.75 Authorization of other brokers by exclusive agent

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(A) A broker who has the exclusive authority to represent a client under a written exclusive agency agreement, exclusive right to sell agreement, or exclusive purchaser agency agreement may authorize other licensees to negotiate directly with that client. The authorization shall …

Ohio Rev. Code Ann. § 4735.76 Compliance with law regarding sanctions for human trafficking

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The superintendent of real estate shall comply with section 4776.20 of the Revised Code.

Ohio Rev. Code Ann. § 4735.80 Anti-discrimination disclosure

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(A) The superintendent of real estate shall, within one year after April 3, 2025, adopt rules in accordance with Chapter 119. of the Revised Code that require a licensee, prior to listing residential real estate for sale, exchange, or purchase, to provide to the seller a disclosu…

Ohio Rev. Code Ann. § 4735.99 Penalty

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(A) Whoever violates section 4735.02 or 4735.021 of the Revised Code is guilty of a misdemeanor of the first degree. (B) Whoever violates section 4735.25 or 4735.30 of the Revised Code is guilty of a felony of the fifth degree, and the court may impose upon the offender an additi…

Ohio Rev. Code Ann. § 4737.01 Duties of dealers

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(A) "Personal identification card" means a current and valid driver's license, military identification card, state identification card issued under sections 4507.50 to 4507.52 of the Revised Code, or a state identification card issued by another state on the condition that that c…

Ohio Rev. Code Ann. § 4737.011 Dealers in precious metals or jewels exempted

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Sections 4737.01 to 4737.04 of the Revised Code do not apply to the business of purchasing articles that are made of or contain gold, silver, platinum, or other precious metals or jewels. For purposes of this section, a person is engaged in the "business of purchasing articles th…

Ohio Rev. Code Ann. § 4737.012 Bulk merchandise containers; record keeping

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(A) Notwithstanding section 4737.01 of the Revised Code, a dealer who is in the business of purchasing, reselling, exchanging, recycling, shredding, or receiving bulk merchandise containers shall not purchase or receive plastic bulk merchandise containers that are marked with a c…

Ohio Rev. Code Ann. § 4737.02 If dealer is a peddler, he need not hold property thirty days

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If the purchaser or receiver, by exchange or otherwise, as described in section 4737.01 of the Revised Code, is a peddler, or goes about with a wagon to purchase or obtain, by exchange or otherwise, any of such articles not excepted, and does not have a place of business in a bui…

Ohio Rev. Code Ann. § 4737.03 Not to deal with minors - nor at certain hours

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No person shall purchase or receive by sale, barter, exchange, or otherwise, an article mentioned in sections 4737.01 to 4737.03, inclusive, of the Revised Code, of a minor or apprentice, knowing or having reason to believe him to be such, or from any person between the hours of …

Ohio Rev. Code Ann. § 4737.04 Scrap metal and merchandise container dealers; exertion of control over certain articles; record keeping

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(A) As used in this section and sections 4737.041, 4737.042, 4737.043, 4737.044, 4737.045, 4737.046, and 4737.99 of the Revised Code: (1) "Scrap metal dealer" means the owner or operator of a business that purchases or receives scrap metal for the purpose of sorting, grading, and…

Ohio Rev. Code Ann. § 4737.041 Special purchase articles and bulk merchandise containers

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(A) A scrap metal dealer or bulk merchandise container dealer shall do all of the following with respect to each special purchase article or catalytic converter the scrap metal dealer purchases or receives or with respect to each bulk merchandise container a bulk merchandise cont…

Ohio Rev. Code Ann. § 4737.042 Electronic records

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A scrap metal dealer and a person who purchases, sells, exchanges, or receives secondhand articles may use an electronic device that decodes and records information contained in the metallic strip on a personal identification card to record a person's name, address, and photograp…

Ohio Rev. Code Ann. § 4737.043 Exemptions from requirements

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(A) Subject to division (B) of this section, sections 4737.04 and 4737.041 of the Revised Code do not apply with respect to any of the following: (1) The donation of articles to nonprofit organizations or to any other person, on the condition that the person donating the articles…

Ohio Rev. Code Ann. § 4737.044 Conflicting municipal regulations

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No municipal corporation or other political subdivision shall enforce any regulation that is in conflict with sections 4737.01 to 4737.043 of the Revised Code. Consistent with the power of municipal corporations to exercise their rights under Article XVIII, Section 3 of the Ohio …