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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 190   View pdf image (33K)
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190 ARTICLE 2.

purchase upon the terms authorized, but also that the owner was advised of that
fact and given an opportunity to complete the sale, but did not do so because of
his own default. A broker employed to sell real estate occupies a quasi fiduciary
relation to his employer. Coppage v. Howard, 127 Md. 522.

A letter held not to be a definite and unconditional acceptance of a proposition
for a loan, and hence the evidence did not bring the case within this section.
Navarre Realty Co. v. Coale, 122 Md. 501.

Evidence held sufficient to entitle a broker to recover under this section; per-
formance of contract not prevented by any act of plaintiff. North Avenue Casino v.
Ferguson, 130 Md. 380.

This section not considered for the reason that the transaction involved originated
prior to its passage. Owners Realty Co. v. Cook, 123 Md. 5.

Although a local law makes it unlawful for a real estate broker to carry on busi-
ness in Baltimore city without obtaining a license, and in such event makes his
contracts for commissions void, the overruling of a demurrer to a declaration in
a suit by a Baltimore broker for commissions containing no allegation that he has
a license, is not reversible error. Walking v. Ensor, 138 Md. 501.

This section was passed to settle the question as to when, in the absence of a
special agreement, a broker is entitled to commissions. This section referred to
in deciding that the owner was not bound by a contract of sale executed by an
"attorney." Brown v. Hogan, 138 Md. 268.

This section deals only with commissions on sales of real estate, and hence its
application, if any, to a sale of acid phosphate is remote. When broker is entitled
to compensation though the contract is not carried out. Wood v. Standard Phos-
phate Co., 140 Md. 657.

A broker held to be entitled to commissions on amount received as a credit on
the contract price of property; waiver by contract. Althouse v. Watson, 143 Md. 655.

Cited but not construed in Carrington v. Graves, 121 Md. 572.

As to who is a real estate broker, his license, etc., see art. 56, sec. 14, et seq.

1922, ch. 381, sec. 18.

18. Any person or persons, engaged in any mercantile, trading or manu-
facturing business as an agent or agents, or doing business in any name or
under any title or designation other than his or their own name or names,
shall, within thirty days from June 1, 1922, or thereafter prior to com-
mencing such business, file in the office of the Clerk of the Circuit Court
for the county wherein such business is conducted, or in the office of the
Clerk of the Superior Court of Baltimore City, if such business be located
in said city, a certificate in writing, under oath, disclosing the true and
correct name or names and the address or addresses of the principal or
principals or true owner or owners of the said business, the character and
location thereof and the name, title or designation under which said busi-
ness is conducted, the form of which certificate shall be as follows:

State of Maryland, C of ss.:

I, or we, hereby certify that ...................................

residing at........................................ is, or are, the

owner, or owners, of the business of...............................

located and conducted at ........................................

in the city, or town, of..........................................

in the county of...............................................

in the State of Maryland, in the name, or under the style, title or desig-
nation of...........................................

(Signed)

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 190   View pdf image (33K)
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