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Practice Of Real EstateLicense LawHARD

Elena is a licensed Maryland salesperson who has been working at Harbor Realty for three years. She passes the broker examination and submits her broker license application to MREC. While her broker application is pending, a client asks Elena to represent them in a complex commercial transaction that would typically require broker-level authority. Which of the following correctly states Elena's authority during the application-pending period?

Correct Answer

B) Elena may handle the transaction under her existing salesperson license, subject to the supervision of her broker at Harbor Realty

Until MREC actually issues Elena's broker license, she continues to hold only her salesperson license. Under Md. Code Ann., Bus. Occ. & Prof. § 17-302, a pending application does not confer broker authority. Elena may continue to practice under her salesperson license with the supervision of her broker at Harbor Realty during the application-pending period. The scope of her authority remains that of a salesperson until the broker license is formally issued by MREC.

Answer Options
A
Elena may handle the commercial transaction under her pending broker application because MREC applications are presumed approved upon submission
B
Elena may handle the transaction under her existing salesperson license, subject to the supervision of her broker at Harbor Realty
C
Elena must decline the transaction entirely because submitting a broker application automatically places her salesperson license in suspended status
D
Elena may handle the transaction independently as a broker once she passes the examination, regardless of whether MREC has issued the license

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Related Topics & Key Terms

Key Terms:

license_categoriespending_applicationsalespersonbroker_authority

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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