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§ 17-320. Contractors or employees providing real estate brokerage services

West's Annotated Code of MarylandBusiness Occupations and Professions

West's Annotated Code of Maryland
Business Occupations and Professions
Title 17. Real Estate Brokers (Refs & Annos)
Subtitle 3. Licensing (Refs & Annos)
MD Code, Business Occupations & Professions, § 17-320
§ 17-320. Contractors or employees providing real estate brokerage services
Currentness
Real estate brokerage services
(a)(1) Subject to the provisions of this section, a licensed real estate broker may utilize as an independent contractor, employ, or otherwise contract with a licensed real estate salesperson or a licensed associate real estate broker to provide real estate brokerage services on behalf of the licensed real estate broker.
(2) A real estate broker may not provide real estate brokerage services through any other individual unless the individual is licensed as an associate real estate broker or real estate salesperson to provide real estate brokerage services on behalf of the real estate broker.
Real estate brokerage services on behalf of broker
(b) Any individual, including a licensed associate real estate broker, who provides real estate brokerage services on behalf of a real estate broker shall be considered a real estate salesperson with respect to the provision of those services.
Supervision over real estate brokerage services
(c)(1) A real estate broker shall exercise reasonable and adequate supervision over the provision of real estate brokerage services by any other individual, including an independent contractor, on behalf of the broker.
(2) The requirement of paragraph (1) of this subsection applies regardless of the manner in which the individual who provides the services is affiliated with the real estate broker on whose behalf the services are provided.
Responsibility of branch office managers
(d)(1) A branch office manager, as defined in § 17-518(d) of this title, shall exercise reasonable and adequate supervision over the provision of real estate brokerage services by any sales agent or associate broker registered with that office.
(2) The responsibility of the branch office manager to supervise sales agents and associate brokers registered to the manager’s office is in addition to, and not in lieu of, the responsibility of the broker set forth in subsection (c) of this section.
Termination of real estate affiliations
(e) If the affiliation between a real estate broker and a real estate salesperson or an associate real estate broker terminates, the real estate broker immediately shall:
(1) mail to the salesperson or associate broker, at the last known home and office address of that individual, notice that the affiliation is terminated;
(2) submit to the Commission written notice that the affiliation is terminated, including copies of the notices mailed to the salesperson or associate broker; and
(3) return the license certificate of the salesperson or associate broker to the Commission.

Credits

Added by Acts 1989, c. 3, § 1, eff. Oct. 1, 1989. Amended by Acts 1993, c. 93. Renumbered from Business Occupations and Professions § 16-320 by Acts 1994, c. 3, § 13, eff. Feb. 28, 1994. Amended by Acts 1994, c. 53, § 1, eff. Oct. 1, 1994.
Formerly Art. 56A, § 4-320.
MD Code, Business Occupations & Professions, § 17-320, MD BUS OCCUP & PROF § 17-320
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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