- Dower (ORC 2103.02)
- An Ohio marital right: a non-owning spouse holds a life-estate interest in one-third of real property the other spouse owned during marriage; the spouse signs the deed to release it.
- Division of Real Estate & Professional Licensing
- The Ohio agency, within the Department of Commerce, that licenses and regulates real estate salespersons and brokers under ORC Chapter 4735.
- ORC Chapter 4735
- The Ohio Revised Code chapter governing real estate brokers and salespersons — licensing, agency, disclosure, trust funds, and discipline.
- Superintendent of Real Estate
- The chief officer of the Division, appointed by the Director of Commerce; issues and disciplines licenses and runs the licensing program.
- Ohio Real Estate Commission (OREC)
- A five-member board appointed by the Governor — four brokers (10+ years' experience) and one public member — that adopts the canons of ethics and hears appeals of discipline.
- OREC composition (ORC 4735.03)
- Five members: four licensed brokers with at least 10 years' experience and one public (non-licensee) member, all appointed by the Governor.
- Superintendent vs. Commission
- The Superintendent runs day-to-day licensing and discipline; the Commission adopts rules (canons of ethics) and hears appeals of disciplinary actions.
- Conveyance fee (ORC 319.54)
- Ohio's transfer tax: a mandatory state fee of $1 per $1,000 of sale price, plus a permissive county fee of up to $3 per $1,000; customarily paid by the seller to the county auditor.
- Ohio pre-license hours
- 120 hours of education across four courses before sitting the salesperson exam.
- Ohio 120-hour course split
- 40 hrs Principles & Practices, 40 hrs Ohio Real Estate Law, 20 hrs Appraisal, 20 hrs Finance = 120 hours.
- Ohio Real Estate Law course requirement
- The 40-hour Ohio Real Estate Law course must include instruction on civil rights, housing discrimination, and desegregation.
- Ohio salesperson eligibility
- At least 18 years old, a high school graduate or equivalent, and sponsored by an Ohio brokerage.
- Ohio salesperson passing score
- 70% on each portion — the national portion and the Ohio state portion — scored separately.
- Ohio exam administrator
- PSI Services administers the Ohio real estate salesperson and broker licensing exams.
- Ohio exam structure
- 120 questions total: an 80-question national portion and a 40-question Ohio state portion, in one 180-minute session.
- Ohio post-licensing education
- A newly licensed salesperson must complete 20 hours of post-licensing education within 12 months of license issuance.
- Ohio continuing education (CE)
- 30 hours every three years, including at least 3 hours each of Core Law, Civil Rights, and Canons of Ethics.
- Ohio license renewal cycle
- Every three years, tied to the licensee's date of birth, with CE completed before renewal.
- Ohio broker experience requirement
- Actively licensed for at least 2 of the past 5 years with at least 20 completed transactions, plus broker education.
- Holding a salesperson license (Ohio)
- The license is held by the affiliated (managing) broker; the salesperson may only work and be paid through that brokerage.
- Salesperson compensation rule (Ohio)
- A salesperson may accept compensation only from the brokerage they are affiliated with — never directly from a buyer or seller.
- Agency Disclosure Statement (ORC 4735.57)
- The Ohio form a licensee uses to disclose whom each agent represents; given before the party signs an offer to purchase or lease.
- Timing of the Agency Disclosure Statement
- It must be provided before the buyer or seller signs an offer to purchase or lease, so they know the agency relationships.
- Brokerage policy on agency (ORC 4735.56)
- Every Ohio brokerage must have a written policy on agency, disclosed to clients, stating how it handles representation and whether it permits dual agency.
- Dual agency in Ohio
- Representing both buyer and seller in one transaction; legal only with the informed, written consent of both clients, disclosed on the Agency Disclosure Statement.
- In-company (brokerage-level) dual agency
- When two agents from the same Ohio brokerage represent the buyer and seller, it can create a brokerage-level dual agency that must be disclosed and consented to.
- Residential Property Disclosure Form (Ohio)
- The form a seller of most 1–4 family residential property gives the buyer, based on the seller's actual knowledge of the property's condition.
- Basis of the Residential Property Disclosure Form
- The seller's actual knowledge of the property's condition — not a guarantee or an inspection.
- Right of rescission (Ohio disclosure form)
- If the seller fails to deliver the Residential Property Disclosure Form before the buyer signs, the buyer may rescind in writing within 3 business days after delivery (or before transfer of title).
- Lead-based paint disclosure (Ohio sales)
- For pre-1978 housing, the federal lead disclosure applies in addition to Ohio's form — give the EPA/HUD pamphlet and a 10-day inspection window.
- Where earnest money goes (Ohio)
- In a separate, non-interest-bearing special or trust account at an Ohio financial institution, separate from the broker's own funds.
- Trust account labeling (Ohio rules)
- Checks and deposit tickets must contain the words 'trust account' or 'special account.'
- Record retention (Ohio brokers)
- A broker must keep complete and accurate records of real estate transactions for at least 3 years.
- Earnest money dispute (Ohio)
- The broker generally keeps the funds in the trust account until the parties agree in writing, a court orders release, or the broker interpleads the funds.
- Commingling
- Improperly mixing a client's trust funds with the broker's own or business funds — a license-law violation under ORC 4735.18.
- Ohio Real Estate Recovery Fund (ORC 4735.12)
- Reimburses members of the public who win a court judgment for actual losses from a licensee's fraud or misconduct but cannot collect it.
- Recovery Fund cap (Ohio)
- $40,000 is the aggregate cap for all claims against any one licensee.
- Effect of a Recovery Fund payout
- The licensee's license is automatically suspended until the licensee repays the fund in full plus interest.
- Ohio fair housing enforcement
- The Ohio Civil Rights Commission (OCRC) enforces the state's fair housing and anti-discrimination laws under ORC Chapter 4112.
- Ohio fair housing protected classes
- All seven federal Fair Housing Act classes PLUS military status and ancestry (ORC 4112.02).
- Steering and Ohio law
- Steering buyers toward or away from neighborhoods by protected class violates both ORC 4112.02 and Chapter 4735 license law — a licensee must refuse.
- Dower's practical effect at closing
- Because Ohio retains dower, a married seller's non-owning spouse should also sign the deed to release dower, even if not on the title.
- State conveyance fee amount
- $1 per $1,000 of the sale price (one mill), collected by the county auditor.
- Permissive county conveyance fee
- A county may levy up to $3 per $1,000 (three mills) on top of the mandatory state fee.
- Who pays the Ohio conveyance fee
- Customarily the seller (grantor), paid to the county auditor at the time of transfer.
- Grounds for discipline (ORC 4735.18)
- Misrepresentation, fraud, dishonest dealing, commingling trust funds, or other violations of Chapter 4735 or Division rules.
- Sanctions OREC may impose
- Suspension or revocation of the license and/or fines, after notice and a hearing.
- Confidentiality after the agency ends (Ohio)
- Even after an agency relationship ends, a licensee must keep confidential the client's information obtained during the relationship.
- Presenting offers (Ohio brokers)
- A broker must present all written offers to the seller promptly and objectively, even after an offer is accepted, unless instructed otherwise in writing.
- Conduct requiring a license (ORC 4735.01)
- Negotiating the sale or lease of real estate for another, for compensation, requires a real estate license.
- Duty owed to ALL parties (Ohio agency)
- Honesty, good faith, and disclosure of known material facts about the physical condition of the property — owed even to a customer.
- Education validity window (Ohio)
- After education, an applicant must generally pass the exam within 12 months of filing for exam eligibility.
- Canons of ethics (Ohio)
- Rules of conduct for Ohio licensees adopted by the Ohio Real Estate Commission; a required CE topic each renewal cycle.
- Managing broker responsibility (Ohio)
- The managing broker supervises affiliated licensees, maintains trust accounts and records, and is responsible for the brokerage's compliance with ORC 4735.
- Advertising rules (Ohio)
- A licensee must advertise under the brokerage's name; blind ads (no brokerage identification) are prohibited.
- Net listing and Ohio conduct
- A net listing (broker keeps any amount above the seller's set price) is disfavored as a conflict of interest under Ohio conduct rules.
- Material facts a licensee must disclose (Ohio)
- Known material defects in the property's physical condition must be disclosed to all parties, even a customer.
- Ohio is not community property
- Ohio is a common-law (separate-property) state, not a community-property state, but it still recognizes dower.
- Lien theory (Ohio)
- Ohio is a lien-theory state: the borrower keeps title and the lender holds a lien on the property.
- Judicial foreclosure (Ohio)
- Ohio enforces a defaulted mortgage through court-supervised judicial foreclosure, ending in a sheriff's sale.
- Ohio Landlords and Tenants Act
- ORC Chapter 5321 governs Ohio residential leases — security deposits, landlord/tenant duties, and remedies.
- Designated agency (Ohio)
- A brokerage may name different licensees to represent the buyer and seller (designated agency) to avoid a single dual agent.
- Real property
- Land plus everything permanently attached to it (improvements and fixtures) and the bundle of legal rights of ownership.
- Personal property (chattel)
- Movable property not permanently attached to land; transfers by a bill of sale, not a deed.
- Bundle of rights
- The rights of ownership: possession, use (enjoyment), exclusion, disposition (transfer), and control.
- Fee simple absolute
- The most complete ownership — absolute, of unlimited duration, freely transferable by deed or will.
- Life estate
- An estate measured by someone's lifetime; on death, the property passes to the remainderman or reverts to the grantor.
- Fixture
- Personal property attached to real property so it becomes part of it and transfers with the land.
- MARIA test for fixtures
- Method of attachment, Adaptability, Relationship of parties, Intention, and Agreement decide whether an item is a fixture.
- Easement
- A nonpossessory right to use another's land for a specific purpose, such as a driveway or utility line.
- Easement appurtenant
- An easement benefiting an adjacent parcel (the dominant estate) and burdening another (the servient estate); it runs with the land.
- Easement in gross
- An easement benefiting a person or company (e.g., a utility) rather than a neighboring parcel.
- Encroachment
- An improvement that extends unlawfully onto a neighbor's land; it is an encumbrance on title.
- Encumbrance
- Any claim, lien, charge, or right that limits an owner's title — liens, easements, encroachments, deed restrictions.
- Lien
- A monetary claim against property as security for a debt — e.g., a mortgage, tax, or mechanic's lien.
- Police power
- Government's authority to regulate land for public health, safety, and welfare — zoning and codes, with no payment to the owner.
- Eminent domain
- Government's power to take private property for public use through condemnation, paying the owner just compensation.
- Escheat
- Property reverts to the state when an owner dies with no will and no legal heirs.
- PETE (government powers)
- Police power, Eminent domain, Taxation, and Escheat — the four limits on private ownership.
- Metes and bounds
- A legal description using distances (metes) and compass directions (bounds) traced back to a point of beginning.
- Rectangular (government) survey
- Describes land by townships, ranges, and sections — used widely across Ohio (Northwest Territory).
- Section
- One square mile — 640 acres — and one thirty-sixth of a 6-mile-square township.
- Acre
- A unit of land area equal to 43,560 square feet.
- Zoning
- Local land-use regulation (an exercise of police power) dividing land into use districts — residential, commercial, industrial.
- Severalty
- Sole ownership of property by one person or entity.
- Tenancy in common
- Co-ownership with undivided, willable shares and no right of survivorship.
- Survivorship tenancy (Ohio)
- Ohio co-ownership in which a deceased owner's share passes automatically to the surviving owners.
- Four unities (joint tenancy)
- Time, Title, Interest, and Possession — all four are required to create a joint/survivorship tenancy.
- Right of survivorship
- On an owner's death, the share passes automatically to the surviving co-owners, outside probate.
- General warranty deed
- Gives the most protection; the grantor warrants clear title against all defects, even before the grantor's ownership.
- Limited (special) warranty deed
- The grantor warrants title only against defects arising during the grantor's own ownership.
- Quitclaim deed
- Conveys only whatever interest the grantor has, with no warranties; often used to clear a cloud on title.
- Essential elements of a valid deed
- Competent grantor, named grantee, words of conveyance, legal description, and the grantor's signature and delivery.
- Delivery and acceptance
- Title transfers when the deed is delivered by the grantor and accepted by the grantee — not when it is recorded.
- Recording (constructive notice)
- Recording a deed at the county recorder gives constructive notice to the public and sets priority.
- Title insurance
- Protects the insured against loss from title defects that existed before the policy date, such as liens or recording errors.
- Chain of title
- The recorded history of conveyances and encumbrances showing how ownership passed over time.
- Cloud on title
- A claim or defect that impairs marketable title until it is cleared (often by a quitclaim deed or court action).
- Dower release on a deed (Ohio)
- A married grantor's non-owning spouse signs the deed to release dower; otherwise the spouse's 1/3 life estate can cloud title.
- Adverse possession
- Acquiring title by open, notorious, continuous, hostile, and exclusive possession for the statutory period.
- Intestate succession
- When a person dies without a will, state law (Ohio's statute of descent and distribution) determines who inherits.
- Survivorship deed (Ohio)
- An Ohio deed that expressly creates a right of survivorship among the named co-owners.
- Market value
- The most probable price a property should bring in a competitive, open market under fair-sale conditions; an opinion of value.
- Market price vs. market value
- Market price is the actual sale price; market value is an estimate of the most probable price.
- Appraisal
- An impartial, supported opinion of value by a licensed appraiser as of a specific date, following USPAP.
- USPAP
- The Uniform Standards of Professional Appraisal Practice — the rules appraisers follow.
- Comparative market analysis (CMA)
- A licensee's estimate of value from recent comparable sales to help price a listing — not a formal appraisal.
- Sales comparison approach
- Estimates value by comparing the subject to recently sold similar properties and adjusting for differences. Best for homes.
- Cost approach
- Land value + cost to rebuild the improvements new − depreciation. Best for new or special-use property.
- Income (capitalization) approach
- Value = net operating income ÷ capitalization rate. Best for income-producing property.
- Net operating income (NOI)
- Effective gross income minus operating expenses, before any mortgage payment.
- Capitalization rate
- Net operating income ÷ value; a higher cap rate signals more risk and a lower value.
- Reconciliation
- Weighing the three approaches' indications into one final opinion of value — not averaging them.
- Highest and best use
- The legally permissible, physically possible, financially feasible, and most profitable use of a site.
- Principle of substitution
- A buyer pays no more than the cost of an equally desirable substitute — the basis of the sales comparison approach.
- Depreciation (appraisal)
- Loss in value from physical deterioration, functional obsolescence, or external (economic) obsolescence.
- Functional obsolescence
- A loss in value from outdated or poorly designed features (e.g., a one-car garage in a market expecting two).
- Contract
- A legally enforceable agreement between competent parties to do or refrain from a lawful act.
- Essentials of a valid contract
- Mutual agreement (offer and acceptance), consideration, legal purpose, and competent parties.
- Statute of frauds
- Requires real estate contracts (and most leases over a year) to be in writing to be enforceable.
- Void vs. voidable
- Void = missing an essential element (no contract); voidable = valid until a party with the right rescinds (e.g., a minor's contract).
- Bilateral contract
- Both parties promise to perform — e.g., a purchase agreement (promise to sell for a promise to buy).
- Unilateral contract
- One party performs only if the other acts — e.g., an open listing or an option.
- Earnest money
- A buyer's good-faith deposit, held in the broker's trust account and usually applied to the price at closing.
- Contingency
- A condition that must be met for the contract to become binding — financing, inspection, or appraisal.
- Specific performance
- A court order making a defaulting seller complete the sale, because land is unique.
- Listing agreement
- A contract employing a broker to find a buyer for the owner's property in exchange for compensation.
- Exclusive right-to-sell listing
- The listing broker earns the commission no matter who finds the buyer.
- Exclusive agency listing
- The broker earns the commission unless the owner sells the property themselves.
- Open listing
- Only the broker who actually finds the buyer earns a commission.
- Net listing
- The broker keeps any amount above the seller's set price — a conflict of interest, disfavored or prohibited.
- Agency
- A fiduciary relationship in which an agent represents a principal in dealings with third parties.
- Fiduciary duties (OLD CAR)
- Obedience, Loyalty, Disclosure, Confidentiality, Accounting, and Reasonable care — owed to the principal.
- Principal vs. customer
- The principal (client) is owed full fiduciary duties; a customer is owed honesty and fair dealing.
- Express vs. implied agency
- Express agency is created by written or spoken agreement; implied agency arises from conduct.
- Procuring cause
- The broker whose efforts directly produced a ready, willing, and able buyer — entitled to the commission.
- Fair Housing Act (1968)
- Bans housing discrimination based on race, color, religion, national origin, sex, familial status, and disability.
- Federal protected classes
- Race, color, religion, national origin, sex, familial status, and disability — seven classes.
- Familial status
- Protects households with children under 18 and pregnant persons from housing discrimination.
- Steering
- Illegally guiding buyers toward or away from neighborhoods based on a protected class.
- Blockbusting
- Inducing panic selling by claiming a protected class is moving into a neighborhood.
- Redlining
- A lender refusing to lend or insure in an area based on its racial or ethnic makeup.
- Reasonable accommodation
- A change in rules or services so a person with a disability can use housing (e.g., allowing a service animal).
- Reasonable modification
- A physical change to a unit (e.g., a ramp) a person with a disability may make, usually at their own expense.
- ADA (public accommodations)
- Requires commercial facilities and public accommodations to be accessible to people with disabilities.
- Antitrust — price fixing
- Brokers agreeing to set commission rates is illegal price fixing; commissions are always negotiable.
- Trust (escrow) account
- Where a broker holds client funds like earnest money, separate from the broker's own money.
- Conversion
- Using a client's trust funds for the broker's own purposes — a serious license-law violation.
- Property management agreement
- A contract employing a manager to operate an owner's property — leasing, maintenance, and accounting.
- Lease (lessor/lessee)
- Conveys the right to use property for a term in exchange for rent; landlord = lessor, tenant = lessee.
- Gross vs. net lease
- In a gross lease the landlord pays operating expenses; in a net lease the tenant pays some or all of them.
- Megan's Law / sex-offender info
- Agents direct buyers to the public registry rather than independently disclosing offender locations.
- Material fact
- A fact that would affect a reasonable buyer's decision or price; a known material defect must be disclosed.
- Latent defect
- A hidden physical defect not discoverable by ordinary inspection; a known latent defect must be disclosed.
- Patent defect
- An obvious defect a buyer could discover by reasonable inspection.
- Caveat emptor (limited)
- 'Let the buyer beware' — now limited by disclosure law requiring sellers/agents to reveal known material defects.
- Lead-based paint disclosure (Title X)
- Sellers/landlords of pre-1978 housing disclose known lead paint, give the EPA/HUD pamphlet, and allow a 10-day test window for sales.
- Radon
- An odorless, radioactive soil gas that can accumulate indoors; common in parts of Ohio.
- Asbestos
- A fibrous mineral in old insulation/flooring; remove or encapsulate to control airborne fibers.
- Mold
- Grows in damp areas; may require disclosure and remediation if it affects the property.
- Underground storage tank (UST)
- A buried tank that can leak and contaminate soil and groundwater, creating cleanup liability.
- CERCLA / Superfund
- Federal law imposing liability for cleaning up hazardous-substance contamination on a property.
- Wetlands
- Protected areas where development is restricted; may require federal/state permits.
- Flood zone disclosure
- Properties in a FEMA flood zone may require flood insurance; location should be disclosed to buyers.
- Stigmatized property
- A property psychologically impacted by an event (e.g., a death); disclosure rules vary by state.
- Ohio Residential Property Disclosure Form (recap)
- Ohio's seller disclosure for most 1–4 family homes, based on actual knowledge; gives the buyer a 3-day rescission if delivered late.
- Lead pamphlet (federal)
- Sellers/landlords of pre-1978 housing must give buyers/renters the EPA/HUD 'Protect Your Family From Lead' pamphlet.
- Mortgage
- A security instrument by which a borrower (mortgagor) pledges real property to a lender (mortgagee) while keeping title.
- Promissory note
- The borrower's written promise to repay the loan — the evidence of the debt.
- Lien theory (Ohio recap)
- Ohio is a lien-theory state: the borrower keeps title; the lender holds a lien and uses judicial foreclosure.
- Judicial foreclosure (recap)
- A court-supervised foreclosure ending in a sheriff's sale — Ohio's method for enforcing a defaulted mortgage.
- Conventional loan
- A loan not insured or guaranteed by the government; PMI is typically required when LTV exceeds 80%.
- FHA loan
- A loan insured by the Federal Housing Administration, allowing lower down payments.
- VA loan
- A loan guaranteed by the Department of Veterans Affairs for eligible veterans, often with 0% down.
- Loan-to-value ratio (LTV)
- Loan amount ÷ value (or price); a higher LTV means a smaller down payment and more lender risk.
- Private mortgage insurance (PMI)
- Insurance a conventional borrower pays when the LTV exceeds 80%, protecting the lender.
- Discount points
- Prepaid interest paid at closing to lower the rate; one point equals 1% of the loan amount.
- RESPA
- The Real Estate Settlement Procedures Act — requires settlement-cost disclosures and bans kickbacks.
- TILA
- The Truth in Lending Act — requires lenders to disclose the cost of credit, including the APR.
- Loan Estimate
- A RESPA/TILA disclosure of estimated loan terms and costs, due within 3 business days of application.
- Closing Disclosure
- A final statement of loan terms and closing costs the borrower must receive at least 3 business days before closing.
- Deficiency judgment
- A court judgment for the unpaid balance when a foreclosure sale brings less than the debt.
- Escrow / settlement agent
- A neutral third party (often a title company in Ohio) that holds funds and documents and closes the transaction.
- Conveyance fee at closing (Ohio)
- The seller customarily pays Ohio's conveyance fee ($1/$1,000 state + up to $3/$1,000 county) to the county auditor at transfer.
- Commission formula
- Commission = sale price × commission rate.
- Price for a target seller net
- Price = net ÷ (1 − commission rate). A $282,000 net at 6% = $282,000 ÷ 0.94 = $300,000.
- Area of a rectangle
- Area = length × width (in feet, giving square feet).
- Square feet to acres
- Divide square feet by 43,560 to get acres.
- Acre / mile constants
- 1 acre = 43,560 square feet; 1 mile = 5,280 feet; 1 section = 640 acres.
- Loan-to-value (LTV) math
- LTV = loan ÷ value. An 80% LTV on a $300,000 home is a $240,000 loan.
- Property tax (mills)
- Tax = assessed value × rate; convert mills by multiplying by 0.001 (18 mills = 0.018).
- Ohio conveyance fee math
- Fee = (sale price ÷ 1,000) × rate. At the full $4/$1,000, a $250,000 sale = 250 × $4 = $1,000.
- Income approach (value)
- Value = net operating income ÷ capitalization rate. $96,000 NOI ÷ 0.075 = $1,280,000.
- Cap rate from price
- Cap rate = NOI ÷ value. $135,000 NOI ÷ $1,500,000 = 9%.
- Proration of taxes
- Split annual taxes by the days each party owns the property; the seller is charged through the closing date.
- Discount point math
- One point = 1% of the loan. 1.5 points on a $425,000 loan = $425,000 × 0.015 = $6,375.
- Transfer tax per $500 / $1,000
- Divide the price by the unit (e.g., $500), then multiply by the per-unit rate.
- Rent proration
- Prepaid rent is split by the days; a tenant's unused days are credited to the buyer at closing.
- Percentage problems (IRV)
- Income = Rate × Value; rearrange to find any one when two are known (the IRV/T-bar).
- Profit / loss percentage
- Percent change = (new − old) ÷ old. A $20,000 gain on a $200,000 cost is a 10% profit.