§ 17-322. License denial, suspension, or revocation
West's Annotated Code of MarylandBusiness Occupations and ProfessionsEffective: October 1, 2022
Effective: October 1, 2022
MD Code, Business Occupations & Professions, § 17-322
§ 17-322. License denial, suspension, or revocation
(a) In this section, “handicap” and “familial status” each have the meanings indicated in the federal Fair Housing Act.1
(b) Subject to the hearing provisions of § 17-324 of this subtitle, the Commission may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:
(5) as an associate real estate broker or a real estate salesperson, provides or attempts to provide real estate brokerage services on behalf of a real estate broker without informing in writing any other real estate broker with whom the associate real estate broker or the real estate salesperson is affiliated;
(13) solicits a party to a sales contract, lease, or agreement that was negotiated by another to breach the contract, lease, or agreement for the purpose of substituting a new contract, lease, or agreement for which the licensee making the solicitation is either the real estate broker or an associate real estate broker or a real estate salesperson affiliated with the real estate broker;
(18) as a real estate broker, an associate real estate broker, or a real estate salesperson, advertises the sale or rent of or an offer to buy real property while failing to disclose in the advertisement the name of the advertiser and the fact that the advertiser is a real estate broker, an associate real estate broker, or a real estate salesperson;
(20) as a licensed associate real estate broker or a licensed real estate salesperson, advertises the sale or rent of or an offer to buy real property in the name of the associate broker or the salesperson while failing to disclose in the advertisement the name of the real estate broker on behalf of whom the associate broker or the salesperson is acting;
(21) except as provided under § 17-604 of this title, for real estate brokerage services provided by an associate real estate broker or a real estate salesperson, accepts a commission or other valuable consideration from any person other than a real estate broker with whom the associate broker or the salesperson is affiliated;
(c)(1) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this section, the Commission may impose a penalty not exceeding $5,000 for each violation.
(d) The Commission shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (b)(24)(i) and (ii) of this section:
Credits
Added by Acts 1989, c. 3, § 1, eff. Oct. 1, 1989. Amended by Acts 1989, c. 575, §§ 1, 2. Renumbered from Business Occupations and Professions § 16-322 by Acts 1994, c. 3, § 13, eff. Feb. 28, 1994. Amended by Acts 1994, c. 53, § 1, eff. Oct. 1, 1994; Acts 1994, c. 719, § 1, eff. Jan. 1, 1995; Acts 1995, c. 431, § 1, eff. Oct. 1, 1995; Acts 1998, c. 21, § 9, eff. April 14, 1998; Acts 1998, c. 342, § 1, eff. July 1, 1998; Acts 1998, c. 709, § 1, eff. Oct. 1, 1998; Acts 2001, c. 187, § 1, eff. Oct. 1, 2001; Acts 2002, c. 583, § 1, eff. Oct. 1, 2002; Acts 2006, c. 200, § 1, eff. Oct. 1, 2006; Acts 2007, c. 274, § 1, eff. Oct. 1, 2007; Acts 2008, c. 154, § 1, eff. April 24, 2008; Acts 2016, c. 8, § 5; Acts 2022, c. 649, § 1, eff. Oct. 1, 2022; Acts 2022, c. 650, § 1, eff. Oct. 1, 2022; Acts 2023, c. 49, § 6.
Formerly Art. 56A, §§ 4-322, 4-324.
Footnotes
Pub.L. 90-284, Title VIII, Apr. 11, 1968, 82 Stat. 81, codified at 42 U.S.C.A. § 3601 et seq.
MD Code, Business Occupations & Professions, § 17-322, MD BUS OCCUP & PROF § 17-322
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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