WILLIAM DONALD SCHAEFER, Governor Ch. 563

Subsection (b)(6) of this section is new language
added to provide a convenient cross-reference to §
4-302 of this subtitle.

In subsection (a) of this section, the reference to an
"associate real estate broker" is added in conformity
with provisions added throughout this title to provide
a licensing scheme for associate real estate brokers.
See the General Subcommittee Comment to this title.

Also in subsection (a) of this section, the former,
specific reference to the date after which an
individual must be licensed to provide real estate
brokerage services in this State is deleted as
obsolete.

Also in subsection (a) of this section, the former
prohibition against a "copartnership, association, or
corporation" providing real estate brokerage services
without a license is deleted as erroneous since
licenses may only be issued to individuals.

In subsection (b)(2) of this section, the term
"lawyer" is substituted for the former term "attorney
at law" to conform to terminology intended to be used
in Title 11 of the proposed Business Occupations
Article.

In subsection (b)(3) of this section, the word
"investment", which formerly modified the term "home
builder", is deleted because courts have not given the
word "investment" any meaning and have applied former
Art. 56, § 212(f)(5) to all homebuilders. Subsection
(b)(3) of this section is revised to clarify that the
provisions of this section only apply to the initial
sale of a home by the builder and not to any
subsequent sales of the home by the builder.

In subsection (b)(4) of this section, the reference to
leasing is added as included within the exception.

The second clause of former Art. 56, § 212(f)(9),
which excluded agents whose "principal and regular
business is that of purchasing, selling, exchanging,
or trading in real estate and real estate options" is
deleted to eliminate the possibility that the
exception in subsection (b)(4) of this section could
be interpreted as including the activities listed in
that phrase.

Defined terms: "Associate real estate broker" § 4-101
"Commission" § 4-101 "License" § 4-101
"Licensed real estate broker" § 4-101

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