Md. Code Regs. 09.11.02.01

Current through Register Vol. 51, No. 24, December 2, 2024

Section 09.11.02.01 - Relations to the Public

A. The licensee shall remain informed of matters affecting real estate in the community, the State, and the nation.

B. The licensee shall be informed on current market conditions in order to be in a position to advise clients as to the fair market price.

C. The licensee shall protect the public against fraud, misrepresentation, or unethical practices in the real estate field. The licensee shall endeavor to eliminate in the community any practices which could be damaging to the public or to the dignity and integrity of the real estate profession. The licensee shall assist the commission charged with regulating the practices of brokers, associate brokers, and salespersons in this State.

D. The licensee shall make a reasonable effort to ascertain all material facts concerning every property for which the licensee accepts the agency, in order to fulfill the obligation to avoid error, exaggeration, misrepresentation, or concealment of material facts.

E. The licensee, acting as agent, may not discriminate in the sale, rental, leasing, trading, or transferring of property to any person or group of persons in violation of State Government Article, § 20-402, Annotated Code of Maryland.

F. The licensee may not be a party to the naming of a false consideration in any document.

G. Advertisement.

(1) For the purposes of this regulation, "advertisement" means any representation, promotion, or solicitation directed to consumers, by any means of communication, for any purpose concerning the provision of real estate brokerage services.

(2) The licensee in advertising shall be especially careful to present a true picture. A broker may not advertise without disclosing the broker's name or the company name as it appears on the license. A broker may not permit associate brokers or salespersons to use individual names unless the connection with the broker is obvious in the advertisement.

(3) Effective October 1, 2004, an associate broker or salesperson may not use an individual telephone number or email address in an advertisement unless the identified telephone number of the broker or branch office manager also appears in the advertisement.

(4) Any electronic media advertisement shall contain the applicable disclosures set forth in §G(2) and (3) of this regulation either:

(a) On the first 25 percent of the main page of the electronic media advertisement; or

(b) If the electronic media under §G(4)(a) of this regulation has a limitation of 280 characters or fewer, on the first 25 percent of a page that is accessible after a single click on a hyperlink on the main page of the electronic media advertisement.

(5) Interpretation of "Directly Connected" Under Business Occupations and Professions Article, § 17-547(c), Annotated Code of Maryland. The Commission considers a team name to be "directly connected" to a brokerage name under Business Occupations and Professions Article, § 17-547(c), Annotated Code of Maryland, if:

(a) The word "of", "from", "with", or "at" is the only word between the team name and the brokerage name; and

(b) No other word, symbol, or image is between the team name and the brokerage name.

H. For the protection of all parties with whom the licensee deals, the licensee shall see to it that financial obligations and commitments regarding real estate transactions are in writing, expressing the exact agreement of the parties, and that copies of these agreements are placed in the hands of all parties involved within a reasonable time after the agreements are executed.

I. All real estate documents shall be signed by a licensee in the licensee's own name, and may not be signed in the name of a group or team.

Md. Code Regs. 09.11.02.01

Regulation .01A-D amended effective March 17, 1976 (3:6 Md. R. 358); May 1, 2000 (27:8 Md. R. 798)
Regulation .01C adopted effective June 9, 1976 (3:12 Md. R. 643)
Regulation .01E amended effective October 23, 1968
Regulation .01E amended effective March 17, 1976 (3:6 Md. R. 358); May 1, 2000 (27:8 Md. R. 798)
Regulation .01F-H amended effective March 17, 1976 (3:6 Md. R. 358)
Regulation .01E amended effectiveMarch 19, 2012 (39:5 Md. R. 381)
Regulation .01G amended effective April 26, 2004 (31:8 Md. R. 645)
Regulation .01I adopted effective April 11, 2005 (32:7 Md. R. 678)
Regulation .01J adopted effective 41:16 Md. R. 945, eff.8/18/2014 ; amended effective 44:8 Md. R. 402, eff. 7/1/2017; amended effective 49:5 Md. R. 365, eff. 3/7/2022