Michael Late Benedum Chapter
American Association of Professional Landmen
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| What You Need to Know About Ohio Landman Registration: |
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Registration and disclosure forms for landmen as mandated by O.R.C. Section 4735 are available on the Ohio Department of Commerce’s Division of Real Estate & Professional Licensing webpage found here: https://www.com.ohio.gov/real/Forms.aspx
Proof of membership in an association is needed to register. MLBC members seeking proof that one is a member in good standing of this organization can generate a “Certificate of Membership” by clicking on the following link: You will be asked to login with you MLBC username and password before the certificate will generate. Membership must be current. If you have an unpaid renewal invoice you will be prompted to first make payment. The certificate is also available in the member's area of the website under your member information. If you are experiencing issues please contact our Executive Assistant, Abby Veigel at abbyveigel@mlbc-aapl.org or by calling 304.476.2240. Background... On Wednesday, December 19, 2018, Governor Kasich signed SB 263 into law, which amends O.R.C. §4735 to specifically exclude oil and gas land professionals (landmen) from having to be a licensed real estate broker to negotiate oil and gas leases in Ohio. Following the Ohio Supreme Court’s decision in Dundics v. Eric Petroleum Corporation, Slip Opinion No. 2018-Ohio-3826 (September 25, 2018), independent oil and gas landmen faced civil and criminal penalties if they continued to negotiate oil and gas leases without first acquiring a real estate broker’s license. With the passing of SB 263, which goes into effect on March 19, 2019, independent landmen may continue negotiating oil and gas leases without a real estate broker’s license provided they follow the new disclosure requirements set forth in the amendment. The newly passed legislation specifically exempts landmen from acquiring a real estate license if the transaction involves negotiating an oil and gas lease or pipeline easement. However, the landman must first register annually with the superintendent of real estate and pay a $100 registration fee. Additionally, the landman must provide the superintendent with evidence that the landman is in good standing in a national, state, or local professional organization that has developed ethical performance standards for oil and gas land professionals. When negotiating an oil and gas lease, the landman must now provide the landowner with a disclosure form that discloses their registration information and notifies the landowner that the landman is not a licensed real estate broker. The exemption does not apply to fee simple absolute transactions involving oil and gas rights, which still require the landman to be a licensed real estate broker. |
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