Investigations are made by the Department of Real Estate's Enforcement Section on the basis of written complaints received from the public. To initiate an investigation, the DRE must determine two things:
- That the individuals or companies involved are under the DRE's jurisdiction. The Department has jurisdiction over real estate licensees, subdividers and unlicensed persons who have performed acts which require a real estate license. See Real Estate License Look-Up to find out if an individual or company is licensed by the DRE.
- That the complaint relates to possible violations of the Real Estate Law and Subdivided Lands Law .
What We Can Do
We investigate complaints against real estate brokers and salespersons accused of misleading or defrauding consumers. If we can prove a violation of the Real Estate Licensing Law, a formal hearing may be held which could result in the revocation or suspension of the agent's license.
We investigate complaints against subdividers accused of violating subdivision laws. If we can prove a violation, further sales may be stopped until such time as the violations are corrected.
We may be able to facilitate resolution of your dispute or issue. In some instances consumers may obtain assistance from the Department’s Complaint Resolution Program to resolve simple complaints involving real estate licensees. For more information see the Complaint Resolution Program page.
What We Cannot Do
We cannot act as a court of law, so we cannot order that monies be refunded, contracts be canceled, damages be awarded, etc. If you have this type of problem, you should consult an attorney.
We cannot give legal advice or act as your attorney.
How to File a Complaint
Review and complete the Licensee/Subdivider Complaint Information and Form RE 519
You may also file a complaint to the DRE using the Enforcement Online Complaint System.
When Completing the Complaint Form
Provide a written explanation of the exact nature of your complaint. Summarize your complaint in a chronological manner using these guidelines:
- Tell us what happened. Start from the beginning and describe the events as they occurred. Be specific as to what was said and who said it.
- Tell us who was present during these conversations or acts.
- Tell us when and where these conversations/acts took place.
- Provide names, addresses and telephone numbers of any witnesses to the events described in your complaint.
Provide photocopies of all documents involved in your transaction. Documentary evidence is especially important! To expedite the handling of your complaint, you should provide legible photocopies of all documents relating to your transaction such as listings, offers, deposit receipts, notes and trust deeds, correspondence, legible copies of the front and back of checks involved, escrow documents, advertising, etc., and attach them to the written complaint. If you are unable to submit photocopies, you may submit the originals which will be copied and returned to you.
Submitting the Complaint Form - For Complaints Statewide
Mail or hand deliver your completed complaint form and attachments to any of the DRE's district offices:
REALTORS® are different from non-member licensees in that they voluntarily subscribe to a strict Code of Ethics. If you believe that a REALTOR® has violated one or more Articles of the Code of Ethics, you can file an ethics complaint alleging a violation[s] through the local association of REALTORS® where the REALTOR® holds membership, or participates in a REALTOR® association-owned/operated MLS. You may search for a member's local affiliation here.
In addition, REALTORS® agree as a condition of membership to arbitrate contractual disputes and specific non-contractual disputes as provided for in Article 17 of the NAR Code of Ethics.
Below are several resources to help you understand what filing and processing an ethics complaint and arbitration request entails, and the general process you can expect when filing an ethics complaint or arbitration request with a local association of REALTORS®. Check with the local association of REALTORS® to ensure you have the proper forms required by that association.
The Division of Real Estate and Professional Licensing is part of the Ohio Department of Commerce. This division is responsible for licensing Ohio’s real estate brokers, salespeople, appraisers and foreign real estate dealers and salespeople.
Ohio REALTORS
If you have ever bought or sold real estate, you have undoubtedly employed the services of a real estate agent to guide and assist you through the process. Consumers are often uncertain who regulates real estate professionals.
Many real estate professionals are subject to two sets of rules. First, each jurisdiction has a governmental agency, typically referred to as the real estate commission, charged with the authority to issue licenses to real estate professionals and enforce related state laws and regulations. Additionally, many real estate professionals, after obtaining a license, choose to become members of a REALTOR association, whose mission is to promote the profitability and success of its members. Those licensees agree to abide by a strict Code of Ethics, and the local REALTOR association is responsible for assuring that members adhere to the Code.
Real Estate Commission
The Commission's primary mission is to protect the public from unqualified real estate practitioners. As such, the real estate commission has the authority to implement and enforce real estate licensing laws. In keeping with this authority, the real estate commission serves various important functions, including:
- Authority to Issue a license, and monitor real estate activities.
- Establish requirements for maintenance of a real estate license, such as continuing education.
- Conduct investigations into alleged violations of jurisdiction licensing laws and regulations based on complaints filed by the public or on the real estate commission’s own motion.
- Perform routine audits of trust accounts.
- Enforce licensing laws and take disciplinary action against licensees who have been found in violation, including revoking their ability to practice licensed real estate activities in a respective jurisdiction.
- Members of the public who suspect a real estate licensee has violated the licensing laws can direct their complaint to the real estate commission of the respective jurisdiction, which will then review the allegations and determine what action, if any, is appropriate for the jurisdiction to pursue.
REALTOR Associations
Click here for a listing of Ohio's Local REALTOR Associations
Membership in a REALTOR association is entirely voluntary, but carries with it the responsibility for each REALTOR member to adhere to a strict Code of Ethics. Real estate professionals join their local REALTOR association and, as part of their membership, they automatically become members of REALTOR Associations both the state REALTOR association, and the National Association of REALTORS [NAR]. The NAR Code of Ethics, which establishes a public and private standard of behavior for REALTOR members when dealing with the public and other real estate professionals, is enforced at the local level through the local REALTOR association. It is therefore the function and authority of the local REALTOR association to:
- Conduct hearings into alleged violations of the NAR Code of Ethics.
- Take disciplinary action against a REALTOR member, which can include the ordering of fines or revocation of a real estate professional’s membership in the REALTOR association.
Similar to filing a complaint with the state real estate association, members of the public can also contact their local REALTOR association and file a complaint where they suspect a violation of the Code of Ethics has occurred. It is important to understand, however, that a REALTOR association does not have any authority over a real estate professional’s license, as this is the exclusive jurisdiction of the respective real estate commission. REALTOR associations only discipline REALTOR members for violations of the NAR Code of Ethics. For all other alleged wrong doing, consumers should contact the respective real estate commission or consult with an attorney.
In conclusion, real estate professionals are held to high standards under which they must conduct their business. The real estate commission enforces its license laws, while members of a REALTOR association must agree to follow the NAR Code of Ethics. If a real estate professional fails to adhere to these standards, appropriate action can be taken.