Patricia holds an active Maryland real estate salesperson license affiliated with Chesapeake Realty. She is also a licensed attorney in Maryland and occasionally provides legal advice to real estate clients. A dispute arises over whether certain activities Patricia performs require a real estate license or fall within her attorney exemption. Under the Maryland Real Estate Brokers Act, which of the following best describes the attorney exemption?
Correct Answer
D) Licensed Maryland attorneys are exempt from the licensing requirement only when performing real estate activities as an incidental part of their legal practice for a client
Under Md. Code Ann., Bus. Occ. & Prof. § 17-302, licensed attorneys are exempt from the real estate licensing requirement when performing real estate activities that are incidental to their legal representation of a client. This means an attorney acting in a legal capacity for a client — such as handling a real estate closing or drafting contracts as part of legal representation — does not need a real estate license. However, if an attorney is acting as a real estate agent or broker for compensation outside of legal representation, the exemption does not apply.
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Related Topics & Key Terms
Key Terms:
Related Concepts
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
More Practice Of Real Estate Questions
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Marcus is a Michigan licensed real estate salesperson whose license expired 45 days ago. He has completed all required continuing education. Under Michigan law, what is his most appropriate course of action to resume practicing real estate?
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