Ch. 563

LAWS OF MARYLAND

"REAL ESTATE SALESPERSON" MEANS AN INDIVIDUAL WHO, WHILE
AFFILIATED WITH AND ACTING ON BEHALF OF A REAL ESTATE BROKER,
PROVIDES REAL ESTATE BROKERAGE SERVICES.

SUBCOMMITTEE COMMENT: This subsection is new language
derived without substantive change from former Art.
56, § 212(b).

The gender neutral term real estate "salesperson" is
substituted, as a defined term, for the former term
real estate "salesman". This new term is consistent
with current usage in the industry.

The term "individual" is substituted for the former
term "person", for clarity. Only an individual may
qualify to be a real estate salesperson. The term
"person" is defined under this article to include
other entities.

The former specific reference to an "independent
contractor" is deleted as unnecessary in light of the
use of the broad phrase "while ... acting on behalf of
a real estate broker".

Defined terms: "Affiliate" § 4-101

"Provide real estate brokerage services" § 4-101

"Real estate broker" § 4-101

4-102. SCOPE OF TITLE.

THIS TITLE DOES NOT APPLY TO:

(1)  A PERSON WHILE ACTING UNDER A JUDGMENT OR ORDER
OF A COURT;

(2)  A PUBLIC OFFICER WHILE PERFORMING THE DUTIES OF
OFFICE;

(3)  A PERSON WHILE ENGAGING IN A SINGLE TRANSACTION
THAT INVOLVES THE SALE OR LEASE OF ANY REAL ESTATE UNDER A POWER
OF ATTORNEY EXECUTED BY THE OWNER OF THE REAL ESTATE;

(4)  A LICENSED AUCTIONEER WHILE SELLING ANY REAL
ESTATE AT PUBLIC AUCTION;

(5)  AN OWNER OR LESSOR OF ANY REAL ESTATE WHILE
MANAGING, LEASING, OR SELLING THE REAL ESTATE, UNLESS THE PRIMARY
BUSINESS OF THE OWNER OR LESSOR IS PROVIDING REAL ESTATE
BROKERAGE SERVICES; OR

(6)  A PERSON WHILE ACTING IN THE CAPACITY OF:

- 3742 -