Maryland Real Estate Commission Guidelines On The Use Of Unlicensed Employees

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Real Estate Agent with Realty Group Referrals 16766
https://activerain.com/droplet/yns

Maryland Real Estate Commission Guidelines On The Use Of Unlicensed Employees

Real estate professionals that use office assistants or staffing for open houses need to be familiar with these guidelines.  If a license is required for the activity, such as an open house, the individuals must be licensed with the same brokerage. 


OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LABOR, LICENSING AND REGULATION

500 NORTH CALVERT STREET – 4TH FLOOR

BALTIMORE, MARYLAND 21202

(410) 230-6110

Fax (410) 333-6503


 

 

GUIDELINES ON THE USE OF UNLICENSED EMPLOYEES

 

 

An unlicensed employee MAY:

 

_  Answer the telephone and forward calls to a licensee.

_  Submit listings and changes to a multiple listing service.

_  Follow up on loan commitments after a contract has been negotiated.

_  Assemble documents for closing.

_  Secure documents (public information) from courthouse, public utilities, etc.

_  Have keys made for company listings.

_  Write and place ads subject to the review and approval of licensee and supervising broker.

_  Type contract forms at the direction of, and for approval by, licensee and supervising broker.

_  Compute commission checks.

_  Place signs on property.

_  Arrange the date and time of home, termite, and well/septic inspection, mortgage application, pre-settlement walk-thru, and settlement.

_  Prepare flyers and promotional information for approval by licensee    and supervising broker.

_  Act as courier service to deliver documents, pick up keys, etc.

_  Schedule an open house.

_  Schedule appointments for licensee to show listed property.

_  Accompany a licensee to an open house or showing for security purposes or to hand out preprinted materials.

 

 

An unlicensed employee MAY NOT:

_  Prepare promotional materials or ads without the review and approval of licensee and supervising broker.

_  Show property.

_  Answer any questions on listings, title, financing, closing, etc.

_  Discuss or explain a contract, listing, lease, agreement, or other real estate document with anyone outside the brokerage.

_  Be paid on the basis of real estate activity, such as a percentage of commission, or any amount based on listings, sales, etc.

_  Negotiate or agree to any commission, commission split,          management fee, or referral fee on behalf of a licensee.

_  Discuss the attributes or amenities of a property, under any circumstances, with a prospective purchaser or lessee.

_  Discuss the terms and conditions of the real property offered for sale or lease with the owner of the property.

_  Collect, receive, or hold deposit monies, rent, other monies, or anything else of value received from the owner or lessee of the real property or from a prospective purchaser or lessee.

_  Provide owners of real property or prospective purchasers or lessees with any advice, recommendations, or suggestions as to the sale, purchase, exchange, or lease of real property to be listed or real property presently available for sale or for lease.

_  Hold himself or herself out in any manner, orally or in writing, as being licensed or affiliated with a particular company or real estate broker as a licensee.

_  Contact the public concerning the availability of real estate brokerage services unless an inquiry about a specific property is immediately referred to a licensee.

 

(NOTE THAT THE WORD "LICENSEE" AS IT APPEARS IN THE GUIDELINES MEANS A LICENSED ASSOCIATE BROKER OR SALESPERSON AFFILIATED WITH AND ACTING UNDER THE SUPERVISION OF A BROKER.  AN INDIVIDUAL WHO HOLDS A LICENSE, BUT IS AFFILIATED WITH A DIFFERENT BROKER IS CONSIDERED TO BE UNLICENSED FOR THE PURPOSES OF THESE GUIDELINES.)

 

Elizabeth H. Trimble

Assistant Attorney General

Counsel to the Real Estate Commission


Kentlands Spring Blooms IMG_7419
Photograph by Roy Kelley using a Canon PowerShot G11 camera.
Roy and Dolores Kelley Photographs

 

Posted by

Roy and Dolores Kelley Photographs

Roy Kelley and Associates

 

Roy Kelley, Associate Broker

Realty Group Referrals (Retired from RE/MAX Realty Group)

6 Montgomery Village Ave., Suite 200

Gaithersburg, MD 20879

Main Office:  301-258-7757 (You will not reach me at this number)

Send an email message if you need my phone numbers. I will be happy to recommend a real estate professional if you are moving to the area.

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Rainmaker
1,728,458
Rob Thomas
Prestige Homes of The Tri Cities, Inc. CALL....423-341-6954 - Bristol, TN
Bristol TN-VA & Tri Cities Agent, ABR, GRI, e-Pro
Roy ....thanks for the info ...you do a great job keeping us up to date on all things real estate! Have a great night!
Apr 04, 2012 11:31 AM #1
Rainmaker
881,854
Kay Van Kampen
RE/MAX Broker, RE/MAX - Springfield, MO
Realtor®, Springfield Mo Real Estate

Roy, that is really close to the Missouri law concerning unlicensed employees.  I let my personal secretary go after 8 years because she would not stop answering calls and giving out information.  I respect my license and want to be sure I keep it until I retire.

Apr 04, 2012 12:01 PM #2
Rainmaker
921,816
Kwee Huset
Kwee Huset Realty - Venice, FL
Venice Florida Homes For Sale

Roy, you have wealth of knowledge with so many things, buyers and sellers need to contact you for their real estate transactions. 

Apr 04, 2012 12:27 PM #3
Rainer
147,592
Michael S. Bolton
Michael S. Bolton,Inc. - Zimmerman, MN
MN Appraiser

Roy, I wonder how many actually follow all of the those rules. Like you've mentioned in your prior post, it won't be pretty if you get caught.

Have an AWESOME evening!

 

Apr 04, 2012 12:31 PM #4
Rainmaker
820,765
Juli Vosmik
Dominion Fine Properties - Scottsdale, AZ
Scottsdale/Cave Creek, AZ real estate 480-710-0739

Roy, it sounds pretty cut and dry.  I would hope that most real estate professionals read this and follow the rules - they're there for a reason.  

Apr 04, 2012 01:20 PM #5
Anonymous
Anonymous

Roy:   This is great blog,and some good Info for all,good luck with your business and in 2012.  E

Apr 04, 2012 08:25 PM #6
Rainmaker
729,082
Ed & Tracy Oliva
West USA Realty - Arizona - Fountain Hills, AZ
The Oliva Team Arizona Agents

Roy:  This is some good Info for all, Great blog,keep up the good work and good luck in 2012,  E

Apr 04, 2012 08:29 PM #7
Rainmaker
2,430,197
Captain Wayne - Rowlett Real Estate School
REcampus Fully Accredited Florida ONLINE & Classroom Training in Destin, Pensacola Florida - Panama City Beach, FL
Rowlett Real Estate School / Owner and Instructor

I don't think associates are as aware of the rules and guidelines as they should be.  Thank you for sharing them.

Apr 04, 2012 08:41 PM #8
Rainmaker
5,220,800
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Thanks so much for your comments.  Sadly, some real estate agents do not follow the guidelines.  

One of the big issues in Maryland is the use of unlicensed staffing for open houses.  To be considered to have a license, the agent must be licensed with the same brokerage as the listing agent (they are considered to be unlicensed if the are with another brokerage or referral group).

Broker/Owners in Maryland need to be alert and properly train their listing agents on how to comply with the regulations on assistants and open house staffing.


Dogwood, Kentlands Spring Blossoms IMG_7414

Photograph by Roy Kelley using a Canon PowerShot G11 camera.

Roy and Dolores Kelley Photographs

Apr 04, 2012 08:45 PM #9
Ambassador
1,488,316
John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

Hey Roy -

I just took a continuing ed class on this subject a couple weeks ago.  Must stay in compliance!

Apr 05, 2012 12:58 AM #10
Rainer
308,074
Jennifer Chiongbian
Specializing in all types of Manhattan apts & townhouses - Manhattan, NY
Real Estate Broker - NYC

This is very important information that licensed people can sometimes forget.  Great post!

Apr 05, 2012 04:57 AM #11
Rainmaker
5,220,800
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Thanks so much for your comments and support.  It is always good to hear from you.

Apr 05, 2012 06:31 AM #12
Rainmaker
1,034,098
Bob & Leilani Souza
Souza Realty 916.408.5500 - Roseville, CA
Greater Sacramento Area Homes, Land & Investments

Roy, how helpful of you to post these guidelines as a reminder and/or refresher for brokers and licensees in Maryland. :)

Leilani

Apr 07, 2012 10:19 AM #13
Rainmaker
5,220,800
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Thanks, Leilani, for your comments.

I hope you are having a great weekend!

Apr 07, 2012 11:13 AM #14
Rainmaker
5,220,800
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

It is sometimes a good idea to revisit old blogs and reblogs. We might even find some good ideas for new posts.

Apr 19, 2019 11:32 AM #18
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