Division of Real Estate: Answer Ethics Questions Correctly, Honestly

The Division of Real Estate has highlighted the need for real estate licensee to answer ethical conduct and legal history questions on licensure, renewal, and transfer applications correctly and honestly. Failure to do so could result in an investigation into whether you have procured a license by fraud, misrepresentation or deceit. The ethical conduct and legal history questions are the same on all applications and apply to any event that has occurred since the most recent filing of a licensure application, renewal or transfer/reactivation application. The six yes/no questions are as follows:

1. Have you been disciplined in any manner by any public entity or professional or trade association for any violation of any professional licensing law, regulation or ethical rule, including the Ohio Division of Real Estate?

In answering this question, consideration should be given to any real estate related or non-real estate related governmental entity, professional or trade association. So for example, if you have another professional license and are sanctioned, you would respond in the affirmative to this question.

2. Have you been refused or denied any professional license or registration by any public entity, including the Ohio Division of Real Estate?

Did you apply for a professional license in the past and were denied? Also keep in mind this question is not limited just to Ohio, any denial by any public entity must be disclosed.

3. Have you had any professional license revoked, suspended or limited in any way for any reason?

4. Have you been notified by any public entity or professional or trade association that you were under investigation for any violation of any professional licensing law, regulation or ethical rule, including the Ohio Division of Real Estate?

As with the questions above, questions three and four encompass any profession, not just the real estate profession. Also, these questions are not limited to just Ohio professional licenses. Have you been sanctioned? Are you being investigated? Answer in the affirmative.

5. Have you been subject to any unsatisfied judgments?

Any unsatisfied judgments must be disclosed, not just judgments related to real estate. If you failed to pay a credit card and have a judgment, that judgment must be disclosed. The Division of Real Estate has also counseled that disclosure of tax liens and foreclosures would be required in response to this question.

6.Been convicted of, plead guilty to or been granted intervention in lieu of conviction for any unlawful conduct excluding minor traffic violations?

This question covers more than just felonies. The Division has counseled that misdemeanors such as DUI’s and disorderly conduct, would need to be disclosed.

In completing your examination application, renewal, or transfer application; if you responded in the affirmative to any of the ethical conduct and legal history, you must include an explanation with your application. The Division has advised that the absence of documentation causes delay and disrupts the Division’s ability to serve customers in a timely and efficient manner.

Last the Division invites applicants and licensees with questions about answering the ethical conduct and legal history questions to contact the Division. More information can be found in the Division of Real Estate’s Spring 2019 Newsletter.