Real Estate Frequently Asked Questions

The Division of Real Estate & Professional Licensing is frequently asked a number of the following questions.  The following answers are provided for your general consumption, but because many situations are unique, they should not be construed as formal legal advise.   Only your personal attorney should provide formal advice regarding your legal rights in any given situation.

General Questions

Pre- and Post-Licensure Questions

Continuing Education Questions

Additional Questions

General Questions

Q.   How do I contact the division?

A.   The mailing address for the division is:   Ohio Department of Commerce, Division of Real Estate & Professional Licensing, 77 S. High Street, 20 th Floor, Columbus, OH 43215-6133 .   You may also contact the Division by email at WebReal@com.state.oh.us, and by phone at (614) 466-4100 or fax at (614) 644-0584.

Q.   How do I file a complaint against a real estate agent?

A.   A Complaint Form is available on our website.  Complete the form and send it, along with copies of any pertinent documents (i.e. contracts, agency disclosures, HUD settlement statement, etc.), to the Division.

Q.   How do I find out if complaints have been filed against a real estate agent?

A.   Any administrative or disciplinary action that has been taken against a licensee is a matter of public record.  A request for this information is generally referred to as a disciplinary action check.   Contact the Real Estate Enforcement Section at (614) 466-4100 for information.

Q.   May I speak with the superintendent regarding a letter I received from her?

A.   First look to see if the letter directs you to a specific contact person or section.   If so, that person or section will be able to provide you any necessary assistance.  Otherwise, you may speak with the superintendent.

Q.   May my broker return my real estate license to the division for inactivation without telling me in advance or without getting my consent?

A.   A broker is not required to give advance notice or seek a licensees' consent before returning a license to the division.   However, a broker must, within three business days of returning the license, notify the licensee in writing by certified mail.

Q.   I recently transferred my license to a new broker, and my former broker will not pay me all of the commissions I believe I have earned.   What can I do?

A.   The division cannot compel any payments to be made to you.   However, real estate license law requires that within a reasonable time after receiving a commission the broker render an accounting and pay the salesperson's share of the commission.  Check your independent contractor agreement or office policy and procedures manual to see if this issue is addressed. You will likely want to work with your personal attorney if there is a monetary dispute. Complaints to the division will be investigated to determine if the broker has complied with the law, and any actions will be taken against the broker's license.

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Pre- and Post-Licensure Education Questions

Q.   What is “pre-licensure” education?

A.   Prior to applying for a real estate license, interested persons must complete four courses of  pre-licensure education.   These four pre-licensure courses must be taken at an institution of higher education. Refer to the Candidate Information Bulletin for details.

An institution of higher education is a school that awards a degree in at least a two-year program (i.e. and associate's degree).  List of Pre-Licensure Education Providers

Q.   Is there any financial assistance available to help cover the costs of the pre-licensure classes?

A.   There are no grants or scholarships available, but the division has an education fund that supports a Student Loan program.   Contact the division for the required paperwork. The loan is based on family income with a maximum loan amount of $800.  The broker sponsoring your application must co-sign on the loan.  The Ohio Real Estate Commission (which meets once a month) must review and approve the loan. The process may take up to three months before a check is issued.

Q.   How long may I wait to take my real estate test after I have taken my pre-licensure education classes?

A.   Pre-licensure classes are valid for ten years.  However, you must pass the examination within one year of filing your application. If you do not pass the examination within one year of filing your application, you will be required to file a new application in order to be seated for the examination.  

Q.   What is “10-hour post-licensure” education?

A.   The 10-hour post-licensure education is a specific course that must be completed within one year of the date your license is issued. This course, generally referred to as the “10-hour post-licensure course,” must be taken either at an institution of higher education or any institution approved by the Ohio Real Estate Commission. List of 10-Hour Post-Licensure Education Providers

Q.   What happens if I do not complete the required 10-hour post-licensure course within one year of receiving my license?

A.   If you do not submit proof of having successfully completed the ten-hour post-licensure course by its due date, your license will be suspended. You then have one year from the date of your suspension to submit to the division proof of completion of the requirement.  You must also submit a Salesperson or Broker (as appropriate) Transfer/Reactivation application and the required reactivation fee to have your license reinstated.

If you fail to submit proof of completion of the required ten-hour post-licensure course within one year of the suspension of your license, your license will be automatically revoked. You will then have to reapply and pass the license examination in order to obtain a new real estate license.

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Continuing Education Questions

Q.   What is continuing education?

A.   Continuing education must be completed by all licensees every three years in order to retain a real estate license.   These classes are required so that licensee's knowledge of current real estate practice and law is maintained. This applies to licenses in Active or Inactive status, except as noted below.

Q.   When is my continuing education due?

A.   Proof of completion of 30 hours of continuing education, including three hours each of Civil Rights, Core Law, and Canons of Ethics, must be submitted every three years by your birthday along with your renewal.   The first continuing education due date for a new licensee is three years after the licensee's first birthday following licensure. You may check the Lookup License Information section of our website to determine in what year your requirement is due.

Your continuing education cycle will never change as long as you maintain your license.

Q.   When may I submit my Continuing Education?

A.   Continuing Education may only be submitted within the 60 days prior to the Continuing Education Due Date.  Continuing Education that is submitted before 60 days prior to the Due Date will be returned for you to maintain until it is due.

Q.   Will I ever be exempt from completing the continuing education requirements?

A.   Active and inactive licensees must continue to submit proof of completion of the 30 hours of continuing education until the education cycle in which they will turn 70 years of age.   Once you are in the continuing education cycle in which you turn 70 years of age, an Active licensee need only submit proof of completion of the nine core hours of education – 3 hours each of Civil Rights, Core Law, and Canons of Ethics along with the renewal form and renewal fee.   An Inactive licensee needs to submit a renewal form and renewal fee only by the due date.  For licensees over the age of 70, all outstanding continuing education must be completed in order to reactivate a license from inactive status.

Q.   Are there specific courses that must be included in the 30 hours of continuing education?

A.   Yes:

Civil Rights:   Three hours of continuing education must be taken in a course dedicated exclusively to instruction in recently enacted municipal, state and federal civil rights law, civil rights case law, desegregation issues, and methods of eliminating the effects of prior discrimination.  The approved course should have the letter ‘G' in the certification number of the class, as well as a Course Type of Civil Rights in the Continuing Education Course Lookup portion of our website.

Core Law:   Three hours of continuing education must be taken in a legal update course.   This is a course that is devoted exclusively to recently enacted state and federal legislation affecting the real estate industry, relevant state real estate licensing laws and regulations, recent court decisions, ethics and related reports. The approved course should have the letter ‘D' in the certification number of the class, as well as a Course Type of Core Law in the Continuing Education Course Lookup portion of our website.

Canons of Ethics:   Three hours of your continuing education must be taken in a course that covers the canons of ethics as adopted by the Ohio Real Estate Commission.   The approved course should have the letter ‘C' in the certification number of the class, as well as a Course Type of Canons of Ethics in the Continuing Education Course Lookup portion of our website.

Electives:  The remaining 21 hours of continuing education may consist of electives.   An approved course should have a Course Type of Elective in the Continuing Education Course Lookup portion of our website. Computer Basic and Specific courses are also electives.

Q.   May I use any of the pre-licensure or post-licensure courses to fulfill my continuing education requirement?

A.   No.   The pre-licensure and post-licensure classes are not approved for continuing education.

Q.   May I receive credit twice for taking the same course during a three year reporting period?

A.   Yes. You may receive credit for completing duplicate hours during your three-year reporting period. Also, if you take any of the core classes (i.e. core law, civil rights, canons of ethics) more than once in the three year reporting period, you may submit the additional three hours as an elective and receive credit.

Q.   May I submit less than 30 hours of education?

A.   No.   The division does not maintain a list of the hours accumulated by individual licensees.   As a licensee, it is your responsibility to maintain records of your education until you have satisfied the entire requirement (accumulated at least 30 hours).

Q.   If I take more than 30 hours of continuing education during my three year education cycle, may I carry over the extra hours I completed to a future reporting period?

A.   Yes.   Up to ten hours of elective course credits may be carried forward to your next reporting period only.  The latest Continuing Education Compliance Form  has a section on the second page for you to record these hours. Only courses completed after September 22, 2000, may be carried forward. 

The three required courses in Civil Rights, Core Law, and Canons of Ethics must be taken anew each reporting period.  If you duplicate any of the three core classes, they may be carried forward as electives. 

Q.   How do I find available continuing education classes?

A.   Use the Continuing Education Course Lookup to find future classes in your area.   All 30 hours may also be taken via distance education (online).   You may contact the approved Distance Education Providers for information about their available online courses.

Q.   Will the schools from which I receive my education send the required proof of completion to the division?

A.   No.  It is your responsibility to submit the required proof of completion certificates to the division along with the Continuing Education Compliance Form .

Q.   How do I report completion of my continuing education requirement to the division?

A.   All licensees are required to submit proof of completion of their continuing education requirement on a Renewal Application with Continuing Education Compliance Form.   The form must be signed and submitted along with the proof of completion certificates for the Continuing Education. courses.  

Active licensees who will turn 70 years of age during the current education cycle need only submit proof of completion of the three core courses.

        Continuing Education may only be submitted within the 60 days prior to the Continuing Education Due Date.  Continuing Education that is submitted before 60 days prior to the Due Date will be returned for you to maintain until it is due.

Q.   What happens if I do not complete my continuing education requirement before it is due?

A.   If your education requirement is not fulfilled by the due date, your license will be automatically suspended, and your broker must return the original license to the division.

Q.   How do I reinstate my license if it is suspended for failure to complete the continuing education requirement?

A.   If your license is suspended, you have one year to complete the continuing education requirement and reinstate your license.   To be eligible, you must submit proof of completion of the 30 hours of continuing education, the Continuing Education Compliance Form, a Transfer/Reactivation Application (for Salesperson or Broker as appropriate), and any required fees.   Active licensees who were 70 years of age or older during their education cycle need only submit the 9 required hours of Continuing Educatin.  Inactive licensees who were 70 years of age or older during the education cycle should submit a Renewal form and renewal fee only.

NOTE :   If you do not complete your continuing education within one year of your suspension, your license will be revoked.   You will then need to re-apply and pass the real estate examination to acquire a new license.

Q.   If I have a physical disability may I receive an extension of time to submit my continuing education?

A.   Yes.   Any licensee who is disabled during the last three months of their reporting period, including a stay in the hospital, and is unable to attend classroom instruction may receive an extension of time to complete and submit their education. Contact the division at (614) 466-4100 for details.

Q.   How do I complete my Ohio continuing education if I live outside of the state?

A.   You must still complete 30 hours of continuing education. However, if your legal residence is outside of the State of Ohio, you may take courses approved for continuing education in your state of residence or you can take distance education (online) courses from an approved provider. Distance Education Providers

Contact the Education Section for specific instructions on how to maintain your Ohio license. Consult the Continuing Education Course Lookup for available courses.

Q.   When may I start taking continuing education as a new licensee?

A.   New licensees may begin taking their required thirty hours of continuing education as soon as they are licensed.

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Additional Questions

Q.   When I apply for a new Brokerage license, may I include the term REALTOR® in the name?

A.   No. While the REALTOR® designation may be used by members of the National Association of REALTORS® adjacent to their brokerage name in advertising, the term cannot be included as part of the licensed brokerage name.   Licensees should not incorporate under a name or register a trade/fictitious name that includes that trademark.

Q.   As the selling agent, may I accept an incentive from the seller in addition to my commission?

A.   Yes.   It is permissible to accept an incentive provided you adhere to certain guidelines.   A seller can offer an incentive to the selling broker in addition to the commission, and the broker may accept the incentive, provided that the payment goes through the licensee's associated broker.   Disbursement of incentive payments to a selling agent should be handled in the same manner that commission payments are handled.

Q.   May I pay a friend a “finder's fee” for information given me that led to a commission?

A.   No.  The payment of so-called “finder's fees” is not allowed.   No one may pay a part of the commission or otherwise compensate a non-licensed person who offers information that results in a real estate sale, for such information. Non-licensed persons may not be compensated for performing any acts, including referrals, for which a real estate license is required.

Q.   May I offer gifts to persons as an incentive to list their property for sale?

A.   Yes.   The real estate license laws do not prohibit incentives to list property.

Q.   How can I obtain copies of the various laws enforced by the Division of Real Estate & Professional Licensing?

A.   The Real Estate Laws and Rules are available online.   The Division has purview over Ohio Revised Code Sections 4735, 4763 and 4767, as well as Ohio Administrative Code Sections 1301:5, 1301:11 and 1301:15.

Q.   May telephone numbers other than the broker's be used in advertising?

A.   There is no violation of the real estate license laws or rules if a real estate licensee includes additional phone numbers along with their licensed name in advertising.   While use of both the broker's and salesperson's phone number is recommended, there is no statute or rule that addresses the use of licensees' personal phone numbers.

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