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Session Laws, 1988
Volume 770, Page 3817   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 563

1. IS LICENSED AS AN ASSOCIATE REAL
ESTATE BROKER OR REAL ESTATE SALESPERSON TO PROVIDE REAL ESTATE
BROKERAGE SERVICES ON BEHALF OF THE BROKER OF THE FIRM; AND

2. CONTINUES TO BE AFFILIATED WITH THE
BROKER OF THE FIRM.

(2) THIS SUBSECTION APPLIES REGARDLESS OF WHETHER THE
INDIVIDUAL IS ASSOCIATED WITH THE FIRM AS A PARTNER, OFFICER,
SHAREHOLDER, OR IS ASSOCIATED WITH THE FIRM IN ANY OTHER
CAPACITY.

(E)  APPLICATION OF TITLE.

AN INDIVIDUAL WHO SERVES AS A BROKER OF THE FIRM UNDER THIS
SECTION SHALL BE RESPONSIBLE FOR THE PROVISION OF REAL ESTATE
BROKERAGE SERVICES THROUGH THE FIRM AND SHALL BE SUBJECT TO ALL
OF THE PROVISIONS OF THIS TITLE REGARDING THOSE SERVICES.

(F)  LIABILITY NOT AFFECTED.

(1)  A CORPORATION OR PARTNERSHIP THAT PROVIDES REAL
ESTATE BROKERAGE SERVICES UNDER THIS SECTION IS NOT, BY ITS
COMPLIANCE WITH THIS SECTION, RELIEVED OF ANY RESPONSIBILITY THAT
THE CORPORATION OR PARTNERSHIP MAY HAVE FOR AN ACT OR OMISSION OF
ITS OFFICER, PARTNER, EMPLOYEE, OR AGENT.

(2)  AN INDIVIDUAL WHO PROVIDES REAL ESTATE BROKERAGE
SERVICES THROUGH A CORPORATION OR PARTNERSHIP IS NOT, BY REASON
OF THE INDIVIDUAL'S EMPLOYMENT OR OTHER RELATIONSHIP WITH THE
CORPORATION OR PARTNERSHIP, RELIEVED OF ANY INDIVIDUAL
RESPONSIBILITY THAT THE INDIVIDUAL MAY HAVE REGARDING THOSE
SERVICES.

SUBCOMMITTEE COMMENT: Subsections (a) and (b) of this
section are new language substituted for former Art.
56, § 218(a). The new language clarifies that the
individual is the licensee, not the corporation or
partnership. See the General Subcommittee Comment to
this title.

Subsection (c) of this section is new language added
to require a real estate broker to submit a notice to
the Commission before the broker may provide real
estate brokerage services through a corporation or
partnership.

Subsection (d) of this section is new language that,
in part, is derived without substantive change from
the first clause of the first sentence of former Art.
56, § 218(b), as it related to the requirement that
each individual who provides real estate brokerage
services through a firm be licensed as an associate.

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Session Laws, 1988
Volume 770, Page 3817   View pdf image
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