A Maryland real estate broker, Carol, receives a cease-and-desist order from MREC during an ongoing investigation into her advertising practices. Carol believes the order is unlawful and wants to continue her current advertising while challenging the order. Under Maryland law, which of the following best describes Carol's legal options?
Correct Answer
D) Carol must comply with the cease-and-desist order and may seek judicial review in the circuit court if she believes the order is unlawful
Under the Maryland Administrative Procedure Act and MREC's enforcement authority under Md. Code Ann., Bus. Occ. & Prof. § 17-322, a cease-and-desist order issued by MREC has legal force and must be complied with. A licensee who believes the order is unlawful may seek judicial review in the circuit court under Md. Code Ann., State Gov't § 10-222, but compliance is generally required pending appeal unless the court grants a stay.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
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