OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 438 Bill Analysis
135th General Assembly
Click here for H.B. 438’s Fiscal Note
Version: As Reported by House Civil Justice
Primary Sponsors: Reps. Williams and Jarrells
Effective date:
Carla Napolitano, Attorney
SUMMARY
▪ Requires the Superintendent of the Division of Real Estate and Professional Licensing to
adopt rules that require a real estate broker or salesperson to provide the seller, prior to
listing or marketing the home, a disclosure of all laws that relate to anti-discrimination
in the home-buying process and the penalties for violating those laws.
▪ Exempts the rules from continuing law requirements concerning the reduction of
regulatory restrictions.
▪ Prohibits the real estate broker or salesperson from marketing or showing a seller’s
home before providing the disclosure form to the seller and receiving a signed and
dated copy from the seller.
▪ Authorizes the Superintendent to enforce the bill’s provisions.
▪ Names the bill the “Homebuyer Protection Act.”
DETAILED ANALYSIS
Homebuyer Protection Act
The bill requires the Superintendent of Real Estate and Professional Licensing, within
one year of the bill’s effective date, to adopt rules that require a real estate broker or
salesperson to provide a disclosure form to the seller of residential real estate prior to listing or
marketing the home. The disclosure form must list all federal and state laws that relate to
anti-discrimination in the home-buying process and the penalties for any violation of those
laws. The bill is named the “Homebuyer Protection Act.”1
1 R.C. 4735.80 and Section 3.
December 23, 2024
Office of Research and Drafting LSC Legislative Budget Office
Disclosure of anti-discrimination laws
The disclosure form required by the bill must outline the federal and state laws that
relate to anti-discrimination in the home-buying process including, specifically, Ohio and federal
Fair Housing laws and a statement defining the practice of “blockbusting.” The Division of Real
Estate must develop and maintain this form. Under continuing law, all brokers and salespersons
are required to enter into a written agency agreement prior to engaging in activities on behalf
of a buyer or seller in residential real estate transactions. The agency agreement must include a
statement on Ohio and federal Fair Housing laws, the illegality of blockbusting, and a copy of
the U.S. Department of Housing and Urban Development Equal Housing Opportunity logotype.
It seems that the form required by the bill and the disclosures required in written agency
agreements under continuing law will include the same or similar information. It is not clear
whether the disclosures must be provided as separate documents.2
Under the bill, a real estate broker or salesperson cannot market or show a seller’s
residential real estate before providing the seller with the disclosure and receiving a signed and
dated copy from the seller. The broker or salesperson must retain the signed and dated copy of
the disclosure for at least three years following the closing date on the seller’s residential real
estate.3
Enforcement
When the Superintendent determines that a real estate broker or salesperson has
violated the bill, the Superintendent may either initiate disciplinary action or serve a citation .4
Both options are governed by continuing law. If the Superintendent chooses to take disciplinary
action, then after notice and a hearing, the following sanctions may be imposed on a broker or
salesperson who has willfully disregarded or violated the bill:
▪ License suspension or revocation;
▪ A fine of up to $2,500 per violation;
▪ A public reprimand;
▪ Completion of additional continuing education coursework.5
If the Superintendent instead serves a citation, the citation must provide notice of the
alleged violation and the opportunity to request a hearing as well as a statement of a fine of up
to $200 per violation. In addition, the Superintendent may take disciplinary action against
violators who have been issued a citation and who commit repeated violations within specified
time frames. Once the citation is final (based on a hearing, failure to timely request a hearing,
2 R.C. 4735.80(A); R.C. 4735.55, not in the bill.
3 R.C. 4735.80(B).
4 R.C. 4735.181.
5 R.C. 4735.181; R.C. 4735.051 and 4735.18, not in the bill.
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Office of Research and Drafting LSC Legislative Budget Office
or failure to reach an alternative agreement), the violator must meet all the requirements in
the citation, such as payment of a fine, within 30 days. Automatic license suspension is required
for failure to do so.6
Rules
The bill exempts the rules adopted under the bill from continuing law requirements
concerning the reduction of regulatory restrictions.7
HISTORY
Action Date
Introduced 03-04-24
Reported, H. Civil Justice 12-18-24
ANHB0438RH-135/ts
6 R.C. 4735.181.
7 R.C. 4735.80(C); R.C. 121.95 to 121.953, not in the bill.
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As Reported by House Civil Justice


Statutes affected:
As Introduced: 4735.181