3 questions

Broker Supervision, CE & Responsibilities

An Ohio broker's supervisory responsibility over affiliated salespersons means the broker must:

  • a.Personally attend every showing conducted by a salesperson
  • b.Guarantee that every listing sells
  • c.Only review transactions that result in a complaint
  • d.Reasonably supervise the licensed activities of affiliated salespersons and is accountable for their compliance with the license law

A management-level broker is legally responsible for reasonably supervising the licensed activity of affiliated salespersons, including advertising, agency disclosures, and trust-fund handling. The broker need not attend every showing, but failure to supervise can subject the broker to discipline even when the salesperson committed the underlying violation.

Broker Supervision, CE & Responsibilities

Ohio real estate licensees must complete continuing education to renew a license. Compared with a salesperson, a broker in Ohio:

  • a.Must satisfy the continuing-education requirements to keep the broker license active and remains responsible for the brokerage's compliance
  • b.Is permanently exempt from all continuing education
  • c.Never has to renew the license once it is issued
  • d.May renew without meeting any education or conduct standards

Ohio licenses are renewed on a set cycle and require Division-approved continuing education, including mandatory topics such as core law and fair housing. A broker must keep current and, as the responsible licensee, also ensures the brokerage and its salespersons meet their obligations. Licensees are never exempt from renewal and CE simply because they hold a broker license.

Broker Supervision, CE & Responsibilities

If an affiliated salesperson mishandles client trust funds in Ohio, the responsible broker:

  • a.Has no exposure because only the salesperson signed for the funds
  • b.Can only be disciplined if the salesperson is first convicted of a crime
  • c.May face disciplinary action for failing to properly supervise and safeguard the brokerage trust account
  • d.Automatically loses the license with no hearing

Because the broker controls and is accountable for the brokerage trust account and the supervision of salespersons, a salesperson's mishandling of client funds can expose the broker to discipline for failure to supervise. Discipline follows the statutory process, including notice and an opportunity for a hearing before the Ohio Real Estate Commission.

Report