(A) The superintendent of real estate and professional licensing may, except as provided in division (B) of this section, refuse to issue or renew a license if the applicant for the license or renewal has done any of the following:

Terms Used In Ohio Code 4764.14

  • Client: means a person who enters into a written contract with a home inspector to retain for compensation or other valuable consideration the services of that home inspector to conduct a home inspection and to provide a written report on the condition of a residential building. See Ohio Code 4764.01
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Home inspection: means the process by which a home inspector conducts a visual examination of the readily accessible components of a residential building for a client. See Ohio Code 4764.01
  • in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • state: means the state of Ohio. See Ohio Code 1.59
  • Subpoena: A command to a witness to appear and give testimony.
  • United States: includes all the states. See Ohio Code 1.59

(1) Failed to establish to the satisfaction of the superintendent that the applicant is honest and truthful;

(2) Accepted compensation or other valuable consideration from more than one interested party for the same service without the written consent of all interested parties;

(3) Accepted commissions, allowances, or other valuable consideration, directly or indirectly, from other parties who deal with a client in connection with the home inspection for which the home inspector is responsible, or from other parties who are involved in any part of the real estate transaction involving a residential building for which that home inspector conducted a home inspection;

(4) Repaired, replaced, or upgraded, or solicited to repair, replace, or upgrade, for compensation or other valuable consideration, systems or components in a residential building after completing a home inspection of that residential building, but prior to the close of the real estate transaction associated with that home inspection and the resolution of all contingent issues involving that building and transaction;

(5) Failed to disclose to a client in writing and before entering into a written contract with the client information about any business interest of the home inspector that may affect the client in connection with the home inspection;

(6) Pleaded guilty to or been convicted of any crime of moral turpitude, a felony, or an equivalent offense under the laws of any other state or the United States, or was required to register under Chapter 2950 of the Revised Code;

(7) Failed to maintain or provide copies of records to the superintendent as required by section 4764.11 of the Revised Code or failed to cooperate with an investigation conducted by the superintendent under section 4764.12 of the Revised Code. Failure of a licensee to comply with a subpoena issued under division (D) of section 4764.12 of the Revised Code is prima facie evidence of a violation of division (B) of section 4764.11 of the Revised Code.

(8) Failed to maintain, be covered by, or submit proof of a comprehensive general liability insurance policy or a commercial general liability insurance policy as required under division (A) of section 4764.11 of the Revised Code at any point during the term of a prior license;

(9) Violated rules adopted under section 4764.05 of the Revised Code or is otherwise not in compliance with this chapter;

(10) Failed to submit proof of satisfying the continuing education requirements specified in section 4764.08 of the Revised Code.

(B) The superintendent shall not refuse to issue a license to an applicant because of a conviction of or plea of guilty to an offense unless the refusal is in accordance with section 9.79 of the Revised Code.

Last updated October 9, 2021 at 5:13 AM