Free Ohio Real Estate Exam Flashcards

The state agency, housed in the Ohio Department of Commerce and led by the Superintendent of Real Estate, that licenses and regulates real estate professionals under ORC Chapter 4735. It issues, renews, and disciplines licenses and runs the Recovery Fund.

A 5-member body appointed by the Governor (4 licensed brokers plus 1 consumer member, Senate-confirmed) that adopts rules, hears appeals of disciplinary decisions, and sets policy. Distinct from the Division, which handles day-to-day licensing and enforcement.

The Ohio Revised Code chapter that is Ohio's real estate license law. It defines who must be licensed, prohibited conduct, trust-fund handling, and disclosure duties. Division rules implementing it appear in Ohio Administrative Code 1301:5-1.

100 hours of approved coursework (reduced from 120 in 2025): Real Estate Principles & Practices (40), Ohio Real Estate Law (40), and Real Estate Appraisal (20). Completion is required before sitting for the salesperson exam.

120 scored questions split into an 80-question national portion (120 min) and a 40-question state portion (60 min), 3 hours total. Each portion is scored separately and requires 70% (56/80 and 28/40). Both must be passed within 12 months.

Applicants must submit fingerprints for BCI and FBI background checks within 10 days of filing the license application, typically through a WebCheck provider. This character-fitness review is mandatory for all new licensees.

An Ohio salesperson cannot hold an active license without a sponsoring broker who supervises their activities. If the broker relationship ends, the salesperson's license goes inactive and they cannot practice until a new broker activates it.

A salesperson may receive compensation only from their own sponsoring broker - never directly from a client, the cooperating broker, or any other party. Accepting direct payment violates license law and can lead to discipline.

Licenses renew every 3 years on the licensee's birthday. Renewal requires 30 hours of continuing education that includes mandated Core Law, Civil Rights, and other required topics plus electives. Missing CE blocks renewal.

Licensees must notify the Division within 30 days of a change in home or business address, email, or legal name. Failing to keep contact information current is itself a violation of license law.

A license expired more than 2 years cannot simply be reinstated. The person must reapply as a new applicant, may have to repeat pre-license education, and must pass the licensing exam again.

An Ohio license type required to sell out-of-state subdivided land to Ohio residents. It is separate from salesperson and broker licenses and requires registration of the foreign real estate offering with the Division.

An informational disclosure that Ohio brokers must give prospective clients and customers at the first substantive contact. It explains client vs. customer status, the duties owed to each, and how dual agency works.

The form confirming who each licensee represents in a transaction. It must be signed before or at the time a purchase offer is prepared, so all parties know the agency relationships before committing.

A client has a written brokerage agreement and is owed full fiduciary duties (loyalty, confidentiality, obedience, disclosure, accounting, care). A customer receives only ministerial acts - factual help and paperwork - with no representation.

Under ORC 4735, an agency (client) relationship is created only by a written brokerage agreement signed by the parties. A verbal promise or a handshake does not create representation in Ohio.

One brokerage representing both buyer and seller. It is permitted only with the written informed consent of both parties. The dual agent stays neutral and cannot reveal one side's price flexibility or motivation to the other.

Even with consent, a dual agent must not disclose the seller's lowest acceptable price, the buyer's highest offer, or either party's motivation. Material property defects and legal/title issues, however, must still be disclosed to both.

A listing where the broker keeps everything above a set net price to the seller. Current Ohio Revised Code Chapter 4735 does not separately name net listings as categorically prohibited. The structure remains conflict-prone and subject to written-compensation, disclosure, honesty, and disciplinary rules.

Ohio prohibits self-extending or automatic-renewal clauses in listing agreements. Every exclusive agreement must state a definite expiration date so the seller is not locked in indefinitely.

A broker must deposit earnest money into the brokerage trust account within 2 business days after the purchase agreement is accepted. Holding client funds longer or in a personal account violates trust-fund rules.

Commingling is improperly mixing client trust funds with the broker's own money. Conversion is using client funds for the broker's own purposes - it is a criminal offense and grounds for license revocation. Both are prohibited.

Brokers must keep client funds in a non-interest-bearing trust account at an Ohio institution, reconcile it monthly, and retain records for 3 years. Only minimal broker funds for bank fees may sit in the account.

When buyer and seller disagree over who gets the earnest money, the broker must hold the funds and not release them without agreement. Unresolved disputes may go to court (interpleader) for the judge to decide.

A seller-completed form disclosing known material defects in systems, structure, and the property's condition. It is required for most residential resales and is a disclosure of known issues, not a warranty.

If a buyer receives the Residential Property Disclosure Form after signing the purchase agreement, they generally have 3 business days to rescind. Timely delivery before signing avoids triggering this right.

Certain transfers are exempt from the Residential Property Disclosure Form, such as transfers by court order, foreclosure, fiduciary/estate transfers, and many new-construction sales. The seller's duty to disclose latent material defects can still apply.

Federal law requires sellers and landlords of housing built before 1978 to disclose known lead-based paint, provide the EPA pamphlet, and give buyers a 10-day inspection opportunity. This applies in Ohio as a national-portion rule.

Ohio fair housing covers the federal classes - race, color, religion, national origin, sex, familial status, disability - and adds military status and ancestry. The Ohio Civil Rights Commission enforces these protections.

A discrimination complaint under Ohio's Civil Rights Law generally must be filed with the Ohio Civil Rights Commission within one year of the alleged discriminatory act. Remedies include damages, civil penalties, and injunctive relief.

A state fund that reimburses consumers who win a court judgment against a licensee for fraud or misconduct but cannot collect it. A licensee whose actions trigger a payout has their license suspended until they repay the fund with interest.

The Division can suspend, revoke, refuse to renew, fine, or require education for license-law violations such as trust mishandling, misrepresentation, or failure to supervise. Licensees are entitled to a hearing before discipline becomes final.

Ohio brokers must keep brokerage agreements, transaction files, trust-account records, and related correspondence for 3 years, with the transaction period generally running from the closing or end of the listing.

An agent owes a client: Obedience, Loyalty, Disclosure, Confidentiality, Accounting, and Reasonable care. Loyalty means putting the client's interest above the agent's own; confidentiality survives even after the relationship ends.

A material fact is information that could affect a buyer's decision or the property's value and must be disclosed (e.g., a leaking roof). Puffery is sales opinion ('best view in town') that is not actionable as misrepresentation.

The most complete form of ownership - the full bundle of rights, indefinite in duration, freely transferable and inheritable. Other estates (life estate, leasehold) carve out lesser interests from it.

Survivorship tenancy passes a deceased owner's share automatically to the surviving owners; tenancy in common (Ohio's default for co-owners) gives each a divisible, inheritable share that passes through their estate, not to co-owners.

An encumbrance is any claim or limit on title, including easements, deed restrictions, and liens. A lien is specifically a monetary encumbrance (mortgage, tax, mechanic's lien) that can force a sale if unpaid.

An appurtenant easement benefits an adjoining parcel (the dominant estate) and runs with the land. An easement in gross benefits a person or company (like a utility) and is not tied to ownership of neighboring land.

A general warranty deed gives the broadest title guarantees and defends against all prior claims. A quitclaim deed conveys only whatever interest the grantor has, with no warranties - often used to clear title clouds.

Requires contracts for the sale of real property (and leases over one year) to be in writing and signed to be enforceable. An oral agreement to sell land generally cannot be enforced in court.

A condition that must be met for the contract to proceed, such as financing, inspection, or appraisal contingencies. If a stated contingency is not satisfied, the protected party can usually cancel and recover earnest money.

An agreed amount (often the earnest money) the seller may keep if the buyer defaults, set in advance so parties avoid litigating actual loss. It substitutes for proving real damages when a buyer breaches.

The loan amount divided by the lesser of the property's appraised value or sale price. A higher LTV means a smaller down payment and more lender risk; conventional loans above 80% LTV usually require private mortgage insurance.

Conventional loans are not government-insured and often need 20% down to avoid PMI. FHA loans allow low down payments with mortgage insurance premiums. VA loans serve eligible veterans, often with no down payment and no PMI.

Prepaid interest a borrower pays at closing to lower the loan's interest rate. One point equals 1% of the loan amount; buying points trades upfront cost for long-term interest savings.

An appraisal method that estimates value by comparing the subject to recently sold similar properties, adjusting for differences. It is the primary approach for single-family homes because comparable sales data is readily available.

The cost approach values land plus the depreciated cost to rebuild improvements - useful for new or unique buildings. The income approach capitalizes a property's net operating income and is used for rental and investment property.

Ohio property taxes are paid in arrears, so at closing the seller credits the buyer for taxes accrued but not yet billed. Prorating ensures each party pays for the period they actually owned the property.

Commission = sale price x commission rate. To split it, multiply by each side's percentage, then by the agent's share. Example: $300,000 x 6% = $18,000 total; a 50% co-op side is $9,000 before the agent/broker split.