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Ch. 26
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2002 LAWS OF MARYLAND
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(2) THE REFERRAL OF A REAL ESTATE SETTLEMENT BUSINESS OR A
PROFESSIONAL FEE ARRANGEMENT BETWEEN ATTORNEYS, IF THE REFERRAL OR
PROFESSIONAL FEE ARRANGEMENT DOES NOT VIOLATE § 17-605 OF THE BUSINESS
OCCUPATIONS AND PROFESSIONS ARTICLE.
(C) PAYMENT OR RECEIPT OF CONSIDERATION PROHIBITED.
A PERSON WHO HAS A CONNECTION WITH THE SETTLEMENT OF REAL ESTATE
TRANSACTIONS INVOLVING LAND IN THE STATE MAY NOT PAY TO OR RECEIVE FROM
ANOTHER ANY CONSIDERATION TO SOLICIT, OBTAIN, RETAIN, OR ARRANGE REAL
ESTATE SETTLEMENT BUSINESS.
(D) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 6 MONTHS OR A
FINE NOT EXCEEDING $1,000 OR BOTH.
(E) SEPARATE VIOLATION.
EACH VIOLATION OF THIS SECTION IS A SEPARATE VIOLATION.
REVISOR'S NOTE: Chapter 26, Acts of 2002, which enacted the Criminal Law
Article, also enacted subsections (a)(3) and (b) through (e) of this section,
which are new language derived without substantive change from former
Art. 27, § 465A.
Subsection (a)(1) and (2) of this section is new language added for
consistency within this article. Correspondingly, in subsection (b) of this
section, the reference to "an agent who has a certificate of qualification" is
substituted for the former reference to "agents who have been duly
licensed as such by the State Insurance Department" for consistency with
IN Title 10, Subtitle 1.
In subsections (c) and (d) of this section, the former references to a "firm"
and "corporation" are deleted in light of the definition of "person" in §
1-101(bb) of this article.
In subsection (c) of this section, the former reference to land "situated and
lying" in the State is deleted as included in the comprehensive reference to
"land in the State".
In subsection (e) of this section, the reference to a separate "violation" is
substituted for the former reference to a separate "offense" for consistency
with the Criminal Law Article. See General Revisor's Note to the Criminal
Law Article.
Also in subsection (e) of this section, the former reference to a separate
violation being "punishable as such" is deleted as surplusage.
Defined terms: "Agent" § 1-101
"Person" § 1-101
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