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Practice Of Real EstateLicense LawMEDIUM

Broker Chen operates a Maryland real estate brokerage and employs both associate brokers and salespersons. One of his associate brokers, David, wants to begin operating his own independent brokerage while continuing to work at Chen's firm part-time. Under Maryland law, which of the following is correct regarding David's situation?

Correct Answer

C) David may upgrade his associate broker license to a broker license and operate his own brokerage, but he must then terminate his affiliation with Chen's brokerage

Under Md. Code Ann., Bus. Occ. & Prof. § 17-302, a broker license is required to independently operate a real estate brokerage. An associate broker, by definition, works under the supervision of a licensed broker and cannot simultaneously operate an independent brokerage. If David wishes to operate his own brokerage, he must obtain a broker license and terminate his affiliation with Chen's firm, as Maryland law requires that a broker operating independently not be simultaneously affiliated as a supervised licensee under another broker.

Answer Options
A
David may hold a broker license and an associate broker license simultaneously, allowing him to operate independently and remain affiliated with Chen
B
David must obtain a separate broker license to operate independently, but Maryland law prohibits a licensee from being affiliated with more than one brokerage at the same time
C
David may upgrade his associate broker license to a broker license and operate his own brokerage, but he must then terminate his affiliation with Chen's brokerage
D
David may operate an independent brokerage under his associate broker license without obtaining a separate broker license

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Related Topics & Key Terms

Key Terms:

license_categoriesbrokerassociate_brokerindependent_brokerage

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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