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§ 17-319. Death of real estate broker and reissuance of license

West's Annotated Code of MarylandBusiness Occupations and ProfessionsEffective: October 1, 2023

West's Annotated Code of Maryland
Business Occupations and Professions
Title 17. Real Estate Brokers (Refs & Annos)
Subtitle 3. Licensing (Refs & Annos)
Effective: October 1, 2023
MD Code, Business Occupations & Professions, § 17-319
§ 17-319. Death of real estate broker and reissuance of license
Currentness
Disability defined
(a) In this section, “disability” means a total and permanent disability that renders a broker unable to perform real estate brokerage services.
Close and termination of business
(b)(1) Subject to paragraph (2) of this subsection and subsection (c) of this section, on the disability or death of a licensed real estate broker, any adult member of the family of the disabled or deceased broker may carry on the business of the disabled or deceased broker for up to 6 months for the purposes of closing and terminating the business.
(2)(i) A family member under paragraph (1) of this subsection may not carry on the business of a disabled or deceased licensed real estate broker until the death certificate or evidence of the disability has been provided to the Commission.
(ii) If a death certificate or evidence of disability is not provided to the Commission within a reasonable time, the business may designate another individual who is a licensed real estate broker to provide real estate brokerage services for the business under § 17-319.1 of this subtitle.
Grounds to carry on business
(c) To qualify to carry on the business of a disabled or deceased real estate broker, a family member shall:
(1) surrender the license certificate and pocket card of the disabled or deceased real estate broker to the Commission; and
(2) submit to the Commission any information or documentation required by the Commission.
Reissuance of license to family member
(d)(1) The Commission shall reissue the license of a disabled or deceased real estate broker to a family member who qualifies to carry on the business of the broker under subsection (c) of this section.
(2) The term of the reissuance shall be 6 months.
Reissuance of license to qualified individual
(e) Before the end of the 6-month period for carrying on the business of a disabled or deceased real estate broker, an individual may qualify for the license of the disabled or deceased broker if:
(1) the individual is a member of the immediate family of the disabled or deceased broker;
(2) the individual has been continuously licensed as a real estate salesperson for the immediately preceding 3 years;
(3) regardless of whether the individual has met the educational requirements for a real estate broker license under § 17-305 of this subtitle, the individual passes the real estate broker's examination under § 17-306 of this subtitle;
(4) the individual surrenders the real estate salesperson license certificate and pocket card of the individual to the Commission; and
(5) there has been compliance with the requirements of subsection (c) of this section.
Duty of Commission to reissue license
(f) The Commission shall reissue the license of a disabled or deceased real estate broker to an individual who qualifies for the license of the broker under subsection (e) of this section.
Waiver of requirements for reissued licenses
(g)(1) An individual who qualifies for and is reissued the license of a disabled or deceased real estate broker may hold the license for up to 4 years from the time of reissuance without meeting the educational requirements for a real estate broker license under § 17-305 of this subtitle.
(2) Subject to the 4-year restriction under paragraph (1) of this subsection, an individual who has been reissued the license of a disabled or deceased real estate broker is responsible for renewing the license as required under § 17-314 of this subtitle.
(3) If an individual who has been reissued the license of a disabled or deceased real estate broker does not meet the educational requirements for a real estate broker license within the 4-year period, the license shall expire automatically at the end of that period.
(4) If an individual who has been reissued the license of a disabled or deceased real estate broker meets the educational requirements for a real estate broker license within the 4-year period, the individual may continue to hold the license and may renew the license under § 17-314 of this subtitle.

Credits

Added by Acts 1989, c. 3, § 1, eff. Oct. 1, 1989. Renumbered from Business Occupations and Professions § 16-319 by Acts 1994, c. 3, § 13, eff. Feb. 28, 1994. Amended by Acts 2018, c. 77, § 1, eff. Oct. 1, 2018; Acts 2018, c. 78, § 1, eff. Oct. 1, 2018; Acts 2023, c. 516, § 1, eff. Oct. 1, 2023.
Formerly Art. 56A, § 4-319.
MD Code, Business Occupations & Professions, § 17-319, MD BUS OCCUP & PROF § 17-319
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.
End of Document