If there is more than one management level licensee affiliated with the brokerage and either of the following applies, the management level licensee is not a dual agent: (1) The management level licensee personally represents either the seller or the purchaser in a transaction, in which case the management level licensee will represent only the interests of that licensee's client. Any person whose license is reactivated pursuant to this division shall comply with the requirements of this section and otherwise be in compliance with this chapter. (D) If any licensee is cited three times under this section within twelve consecutive months, the superintendent shall initiate disciplinary action pursuant to section 4735.051 of the Revised Code for any subsequent violation that occurs within the same twelve-month period. Each day a violation occurs or continues is a separate violation. (E) "Foreign real estate" means real estate not situated in this state and any interest in real estate not situated in this state. One dollar of the fee shall be credited to the real estate education and research fund. (4) A real estate broker who is representing a seller under an exclusive right to sell or lease listing agreement shall not advertise such property to the public as "for sale by owner" or otherwise mislead the public to believe that the seller is not represented by a real estate broker. The initial year of the licensing period commences at the time the license is issued and ends on the applicant's first birthday thereafter. For other Nolo articles on neighbor disputes involving adverse possessions and easements, see Adverse Possession: When Trespassers Become Property Owners and Easements: Overview. (3) The broker receives a copy of a final court order that specifies to whom the earnest money is to be awarded and the broker acts pursuant to the court order. If any person so summoned by subpoena fails to obey the subpoena, to give testimony, to answer questions as required, or to obey an order of the court, the court, on motion supported by proof, may order an attachment for contempt to be issued against the person charged with disobedience of any order or injunction issued by the court under this chapter. (3) The unlicensed partnership, association, limited liability company, limited liability partnership, or corporation does not engage in any of the acts specified in division (A) of section 4735.01 of the Revised Code. Chapter; Chapter 5301 | Conveyances; Encumbrances: Chapter 5302 | Statutory Forms Of Land . Under Ohio's 2006 Revised Code 971.03, all barbed wire, hedges, or electrified wire boundary fences are forbidden, unless one neighbor obtains written consent from the adjoining neighbor. Environmental Protection Agency Ohio EPA Ohio Harbors Ohio Ports Ohio Real Estate Tax Valuations Ohio Revised Code 2103 Ohio Revised Code Chapter 5313 Ohio Senate Bill 1 2016 Ohio Spend Foundry Sand Ohio Supreme Court Ohio townships . Adverse possession is (Y) "Resigned" means 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, may not be renewed or reactivated in accordance with the requirements specified in this chapter or the rules adopted pursuant to it, and is not associated with a real estate broker. Amounts collected by the superintendent as prescribed in this section and interest earned on the assets of the fund shall be credited by the treasurer of state to the fund. The development and maintenance of a policy under this section shall not relieve a brokerage from liability for the failure of the brokerage, any licensee of the brokerage, or any employee of the brokerage, to maintain the confidentiality of confidential information of a client. (b) The name is not misleading or likely to mislead the public. (C) The superintendent of real estate, with the approval of the Ohio real estate commission, shall establish by rule a waiver of duties statement that shall contain the following: (1) The fiduciary duties required of all licensees under section 4735.62 of the Revised Code; (2) A list of those duties contained in section 4735.63 or 4735.65 of the Revised Code, which shall be set forth in a manner that allows for the parties to indicate which of those duties are being waived; (3) A statement that no other licensee is required to perform the waived duty on behalf of the client; (4) A statement that legal counsel or other professionals may be hired by the client; (5) A place for the client and licensee to sign and date the statement. It shall be in the form the superintendent prescribes and shall contain the following information: (1) The name and address of the applicant; (2) A description of the applicant, including, if the applicant is a partnership, unincorporated association, or any similar form of business organization, the names and the residence and business addresses of all partners, officers, directors, trustees, or managers of the organization, and the limitation of the liability of any partner or member; and if the applicant is a corporation, a list of its officers and directors, and the residence and business addresses of each, and, if it is a foreign corporation, a copy of its articles of incorporation in addition; (3) The location and addresses of the principal office and all other offices of the applicant; (4) A general description of the business of the applicant prior to the application, including a list of states in which the applicant is a licensed foreign real estate dealer; (5) The names and addresses of all salespersons of the applicant at the date of the application; (6) The nature of the business of the applicant, and its places of business, for the ten-year period preceding the date of application. (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 Revised Code. (B) An order sustaining the refusal of the superintendent to qualify any foreign real estate, or sustaining the superintendent in suspending or revoking the qualification of any foreign real estate shall not bar, after ten days from the order, a new application by the plaintiff for qualification or for a withdrawal of the revocation or suspension. (E) The licensee is obligated to perform all duties imposed on a real estate agent at common law except to the extent the duties are inconsistent with the duties prescribed in this chapter or are otherwise modified by agreement. The requirements of this division do not apply to an applicant who is admitted to practice before the supreme court. 3601, as amended; (F) Disclosing to the client any material facts of the transaction of which the licensee is aware or should be aware in the exercise of reasonable skill and care and that are not confidential information pursuant to a current or prior agency or dual agency relationship; (G) Advising the client to obtain expert advice related to material matters when necessary or appropriate; (H) Accounting in a timely manner for all moneys and property received in which the client has or may have an interest; (I) Keeping confidential all confidential information, unless the licensee is permitted to disclose the information pursuant to division (B) of section 4735.74 of the Revised Code. (D) The disclosure requirements of this section do not apply in any of the following situations: (1) The rental or leasing of residential premises as defined in section 5321.01 of the Revised Code, if the rental or lease agreement can be performed in eighteen months or less; (2) The referral of a prospective purchaser or seller to another licensee; (3) Transactions involving the sale, lease, or exchange of foreign real estate as defined in division (E) of section 4735.01 of the Revised Code; (4) Transactions involving the sale of a cemetery lot or a cemetery interment right. The Ohio real estate commission shall provide by rule for the wording and size of the statement. Please complete the Request for Compliance Letter form.The easement is a real property interest, but separate from the legal . (F) The superintendent may reserve the right to bring a civil action against a party that fails to pay a civil penalty for breach of contract in a court of competent jurisdiction. (P) "Reactivate" means the process prescribed by the superintendent of real estate and professional licensing to remove a license from an inactive, suspended, or broker's license on deposit status to allow a licensee to provide services that require a license under this chapter. The requirement of an examination may be waived in whole or in part by the superintendent if an applicant is licensed as a real estate broker by any state. (C) There shall be no limit placed on the number of times an applicant may retake the examination. Nothing in this subdivision shall be construed to authorize the recovery of . . The licensee shall disclose in the contract the manner in which the listings of units have been obtained. (FF) "Management level licensee" means a licensee who is employed by or affiliated with a real estate broker and who has supervisory responsibility over other licensees employed by or affiliated with that real estate broker. For purposes of this division, actual knowledge of such material facts shall be inferred to the licensee if the licensee acts with reckless disregard for the truth. (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. (2) Within the scope of knowledge required for licensure, answer the purchaser's questions and provide information to the purchaser regarding any offers or counteroffers; (3) Assist the purchaser in developing, communicating, and presenting offers or counteroffers; (4) Present any offer to purchase or lease to the seller or the seller's agent in a timely manner, even if the property is subject to a contract of sale, lease, or letter of intent to lease, and accept delivery of and present any counteroffers to the purchaser in a timely manner; (5) Within the scope of knowledge required for licensure, answer the purchaser's questions regarding the steps the purchaser must take to fulfill the terms of any contract. However, a tree that is growing on the property line is deemed jointly owned by both neighbors. 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