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Session Laws, 1988
Volume 770, Page 4865   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 751

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 56 - Licenses

224.

(a)  The Commission may upon its own motion and shall upon
the verified complaint in writing of any person, provided such
complaint, or such complaint together with evidence, documentary
or otherwise, presented in connection therewith, shall make out a
prima facie case, cause to be investigated the actions of any
real estate broker or real estate salesman, or any person who
shall assume to act in either such capacity within this State,
and shall have the power to suspend or revoke any license issued
under the provisions of this subtitle, or issue an official
notice of reprimand to any licensee, or, in lieu of or in
addition to any suspension or revocation, impose a penalty of up
to $2,000 per violation upon any licensee at any time where the
licensee has by false or fraudulent representation obtained a
license, or where the licensee has been found to have performed
or attempted to perform any of the acts set forth in this
section. If the Commission issues a second or any further
official notice of reprimand to a licensee, the licensee must
show cause why the license of the licensee should not be
suspended or revoked. In determining the amount of financial
penalty to be imposed, the Commission shall consider the
seriousness of the violation, the deleterious effect of the
violation on the complainant, the good faith of the licensee, and
the licensee's history of previous violations. The following
acts are prohibited:

(b)  Willful misrepresentation or knowingly making a false
promise directly or through agents or salesmen, or

(c)  Using any contract form for the listing of property for
sale, rent or exchange or any contract form for the sale, rent or
exchange of property or any advertising matter which includes the
name of any association or organization of which the licensee is
not a member, or

(d)  Retaining the services of any person as a salesman on a
purely temporary or single-deal basis as a means of evading the
law regarding payment of commissions to nonlicensed persons on
some contemplated transaction, or

(e)  Acting for more than one party in a transaction without
the knowledge of all parties for whom he acts, or

(f)  Accepting a commission or valuable consideration as a
real estate salesman for the performance of any of the acts
specified in this subtitle from any person except the real estate
broker named in his license, or

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Session Laws, 1988
Volume 770, Page 4865   View pdf image
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