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Practice Of Real EstateLicense LawMEDIUM

Under the Maryland Real Estate Brokers Act, which of the following is NOT a ground for disciplinary action by MREC against a licensed salesperson?

Correct Answer

D) Negotiating a listing commission rate that is lower than the industry average

Negotiating a commission rate that is lower than the industry average is not a ground for disciplinary action. Commission rates in Maryland are negotiable by law, and there is no minimum commission requirement. Imposing a minimum commission standard would constitute illegal price-fixing under antitrust law. MREC has no authority to discipline a licensee for agreeing to a lower commission.

Answer Options
A
Engaging in fraud or misrepresentation in a real estate transaction
B
Failing to maintain errors and omissions insurance as required by MREC
C
Practicing real estate while the salesperson's license is on inactive status
D
Negotiating a listing commission rate that is lower than the industry average

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Related Topics & Key Terms

Key Terms:

disciplinary_actionsgrounds_for_disciplinecommission_ratesantitrust

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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