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Practice Of Real EstateLicense LawHARD

Apex Realty, a Maryland licensed brokerage, employs both associate brokers and salespersons. One of its associate brokers, Michael, has been practicing for five years. The managing broker of Apex Realty retires and no replacement broker is designated. Under Maryland law, which of the following most accurately describes the impact on Michael and the other affiliated licensees?

Correct Answer

B) All affiliated licensees, including Michael, must immediately cease licensed activities until a new licensed broker takes responsibility for the brokerage or they transfer to another brokerage

Under Md. Code Ann., Bus. Occ. & Prof. § 17-302 et seq., a brokerage must have a licensed broker responsible for its operations. An associate broker is not authorized to independently operate a brokerage or assume the managing broker role without holding an active broker license in that capacity. When the managing broker departs and no replacement is designated, all affiliated licensees — including associate brokers and salespersons — must cease licensed activities until either a new licensed broker assumes responsibility for the brokerage or each licensee individually transfers to another active brokerage.

Answer Options
A
Michael, as an associate broker, automatically assumes the role of managing broker and may continue operating the brokerage without any MREC notification
B
All affiliated licensees, including Michael, must immediately cease licensed activities until a new licensed broker takes responsibility for the brokerage or they transfer to another brokerage
C
Michael may continue practicing independently under his associate broker license for up to 30 days while a new managing broker is located
D
Salespersons must cease activity immediately, but Michael may continue practicing under his associate broker license because he has broker-level qualifications

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Related Topics & Key Terms

Key Terms:

license_categoriesassociate_brokermanaging_brokerbrokerage_operations

Related Concepts

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.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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