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Practice Of Real EstateLicense LawHARD

Sunset Realty, a Maryland licensed brokerage, has been operating for 10 years. The qualifying broker, Anne, decides to retire and transfer ownership of the brokerage to her associate broker, Frank, who has been with the firm for eight years. Frank wants to continue operating the brokerage under the same name. Under Maryland law, which of the following must occur before Frank may legally operate the brokerage as the responsible broker?

Correct Answer

A) Frank must apply for and obtain a broker license from MREC, then register the brokerage under his broker license before conducting any brokerage activities as the responsible broker

Under Md. Code Ann., Bus. Occ. & Prof. §§ 17-302 and 17-401 et seq., a real estate brokerage in Maryland must be operated under the license of a licensed broker. An associate broker license does not authorize the holder to operate as the responsible broker of a brokerage. Frank must first apply for and obtain a full broker license from MREC, and the brokerage must be registered under his broker license before he may legally operate as the responsible broker. Operating a brokerage under an associate broker license or under a retired broker's license is not permitted under Maryland law.

Answer Options
A
Frank must apply for and obtain a broker license from MREC, then register the brokerage under his broker license before conducting any brokerage activities as the responsible broker
B
Frank may immediately operate the brokerage as the responsible broker using his associate broker license, because associate brokers have broker-level qualifications
C
Frank must notify MREC of the change in ownership within 30 days and may continue operating under Anne's broker license during the transition period
D
Frank must obtain a new brokerage license from MREC but may continue operating under his associate broker license for up to 90 days during the application period

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Related Topics & Key Terms

Key Terms:

license_categoriesbrokerbrokerage_ownershipresponsible_brokerassociate_broker

Related Concepts

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.

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

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