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Session Laws, 1988
Volume 770, Page 3904   View pdf image
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Ch. 563                                          LAWS OF MARYLAND

on behalf of a licensed real estate broker with whom the holder
was affiliated. None of these requirements or restrictions were
set forth in the former law. While the law did contain vague
references to being "licensed to perform on behalf of any
licensed real estate broker" it completely failed to delineate
the relationship of a real estate broker to an associate real
estate broker or a real estate salesperson. Nor did it
adequately delineate the scope of an associate real estate broker
license or a real estate salesperson license. The revision
expressly requires that an applicant for an associate real estate
broker license or a real estate salesperson license obtain a
commitment of affiliation from a licensed real estate broker and
submit adequate evidence of the commitment to the Commission.
The revision also expressly delineates the scope of an associate
real estate broker license and a real estate salesperson license.
In addition, § 4-320 [Employment of and contractual arrangements
with salespersons and associate brokers] is added to clarify the
manner in which an associate real estate broker or a real estate
salesperson may become affiliated with a real estate broker, how
an affiliation may be terminated, and the legal status of an
individual who provides real estate brokerage services on behalf
of a real estate broker.

6.  Resident and nonresident licenses.

Under the former law, the Commission granted "resident"
licenses to residents of the State and "nonresident" licenses to
nonresidents. While there were references in the former law to
the licensing of nonresidents, nothing in the former law required
the Commission to issue a separate type of license to
nonresidents. The activities authorized under a "nonresident"
license were identical to those authorized under a "resident"
license. It served no purpose, therefore, to issue licenses with
different names to residents and nonresidents. The distinction
merely created confusion by erroneously implying that there were
differences between the 2 types of licenses. The revision
characterizes a license as a license, without regard as to
whether it is granted to a resident or a nonresident.

7.  Transferring affiliation, exchanging license, and
obtaining additional license.

Procedures had developed through the practice of the
Commission to allow a licensee who met certain requirements to
transfer an affiliation from 1 real estate broker to another real
estate broker, exchange 1 type of license for another type of
license, and obtain an additional license. While these
requirements and procedures were of fundamental importance to the
licensing process, none of them were set forth in the former law.
The following 3 provisions have been added to set out expressly
those procedures and requirements; § 4-311 [Transfer of
affiliation]; § 4-312 [Exchange of license]; and § 4-313
[Additional licenses and affiliations].

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Session Laws, 1988
Volume 770, Page 3904   View pdf image
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