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A Delaware homeowner defaults on her mortgage and the lender initiates foreclosure proceedings. The homeowner's neighbor, who is a real estate agent in Maryland but not licensed in Delaware, offers to help negotiate a short sale with the lender. Which of the following is most accurate regarding this situation under Delaware law?

Correct Answer

C) The Maryland licensee may not conduct real estate brokerage activities in Delaware without a Delaware license

Under the Delaware Real Estate Licensing Act (24 Del. C. Chapter 29), any person who engages in real estate brokerage activities in Delaware — including negotiating the sale or terms of a transaction on behalf of another — must hold a valid Delaware real estate license. A Maryland license does not authorize practice in Delaware without proper Delaware licensure. Conducting short sale negotiations on behalf of a Delaware homeowner constitutes brokerage activity requiring a Delaware license.

Answer Options
A
The Maryland licensee may assist because short sale negotiation is not considered real estate brokerage activity
B
The Maryland licensee may assist under the reciprocity agreement between Maryland and Delaware
C
The Maryland licensee may not conduct real estate brokerage activities in Delaware without a Delaware license
D
The Maryland licensee may assist if the homeowner provides written authorization for out-of-state representation

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Related Topics & Key Terms

Key Terms:

unlicensed_activityout_of_state_licenseeshort_saleforeclosurelicense_law

Related Concepts

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.

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