Zell v. Ohio Superintendent of Real Estate

John F. Corrigan, Presiding Judge.

The Superintendent of the Ohio Department of Commerce, Division of Real Estate (“superintendent”), appeals from the judgment of the trial court which granted Thomas and Elaine Zell’s application for recovery from the Real Estate Recovery Fund. For the reasons set forth below, we reverse.

I

On April 21, 1989, the Zells (“applicants”) obtained a default judgment against real estate salesman Nancy Dickens, in connection with the execution of a lease with an option to purchase their property. Thereafter, on August 17, 1989, the applicants commenced this action…