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Wightman v. Ohio Real Estate Commission

Court of Appeals of Ohio, Tenth District

March 2, 2017

Kenneth A. Wightman, Appellant-Appellant,
v.
Ohio Real Estate Commission, Ohio Department of Commerce, Division of Real Estate & Professional Licensing, Appellees-Appellees.

         APPEAL from the Franklin County Court of Common Pleas (C.P.C. No. 15CVF 10548)

         On brief:

          Kevin E. Humphreys, for appellant. Argued: Kevin E. Humphreys.

         On brief:

          Michael DeWine, Attorney General, Keith O'Korn and Zachary C. Schaengold, for appellees. Argued: Zachary C. Schaengold.

          DECISION

          TYACK, P.J.

         {¶ 1} Kenneth A. Wightman is appealing from an adjudication order entered by the Ohio Real Estate Commission on November 12, 2015. For the following reasons, we affirm the judgment of the Franklin County Court of Common Pleas. Wightman assigns four errors for our consideration:

I. THE TRIAL COURT ERRED WHEN IT AFFIRMED THE NOVEMBER 10, 2015 ADJUDICATION ORDER, BECAUSE THE COMMISSION WAS WITHOUT JURISDICTION TO PROCEED WITH THE ADMINISTRATIVE PROCEEDING DUE TO THE PRIOR WITHDRAWAL OF THE NOTICE OF HEARING.
II. THE TRIAL COURT ERRED IN ITS DETERMINATIONS THAT WIGHTMAN'S SUBSTANTIVE AND PROCEDURAL DUE PROCESS WERE NOT VIOLATED IN THE ADMINISTRATIVE PROCEEDINGS.
III. THE TRIAL COURT ERRED IN CONCLUDING THAT THE COMMISSION DID NOT VIOLATE THE PROVISIONS OF OHIO'S OPEN MEETINGS ACT, R.C. 121.22.
IV. THE TRIAL COURT ERRED IN CONCLUDING THAT THE OHIO REAL ESTATE COMMISSION'S NOVEMBER 10, 2015, ADJUDICATION ORDER WAS SUPPORTED BY RELIABLE, PROBATIVE AND SUBSTANTIAL EVIDENCE; AS THERE WAS NO EVIDENCE OF A DEFECT IN THE PHYSICAL CONDITION OF THE PROPERTY THAT WOULD SUPPORT A VIOLATION OF R.C. 4735.18, PREDICATED UPON R.C. 4735.67(A).

         I. Facts and Case History

         {¶ 2} Kenneth Wightman, a licensed real estate sales person, was involved in the sale of a condominium to Rachel Boggs. Wightman was the agent for the seller. After the sale closed, Wightman gave Boggs a note from the seller telling her how to avoid clogs in the plumbing system and warning her of telltale signs that a clog might be developing.

         {¶ 3} Boggs felt that she should have been warned of the potential for clogs before the closing and filed a complaint with the Ohio Real Estate Commission ("Commission"), through the Ohio Division of Real Estate and Professional Licensing ("Division"). Eventually a hearing on the complaint was conducted and Wightman was found to have failed to reveal information about potential clogs. An adjudication order was entered requiring him to pursue six hours of continuing education in real estate matters.

         {¶ 4} Apparently several of the drainage pipes for the condominium are connected, including the upstairs bathtub, upstairs toilet, upstairs sink, and the clothes washer. The sellers had had plumbers out to the condominium on a number of occasions but the plumbers had not been able ...


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