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PARRIS N. GLENDENING, Governor
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S.B. 523
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salesperson to enter into a written agreement with a Maryland broker and comply
with certain Maryland laws. A "temporary license" would be issued to the nonresident
for a $45 fee.
Senate Bill 523 apparently attempts to make it easier for nonresident brokers and
salespersons to do business in Maryland on a transaction-by-transaction basis. It is
unclear, however, how this new licensing scheme would work. The bill allows the Real
Estate Commission to charge a fee of $45 for a "temporary license." The bill is silent
as to the duration of that license, and as to whether a new temporary license is
required for each transaction involving a nonresident broker or salesperson. Senate
Bill 523 seems to create a regulatory burden to the extent that licenses are now to be
issued on a transaction-by-trans action basis. Given that the bill anticipates
reciprocity from other states, Maryland brokers and salespersons may face similarly
burdensome structures in other states.
The "per transaction" approach in the bill is not only confusing, but unnecessary as
well. Maryland law already makes it easy for a nonresident to obtain a license in
Maryland. Section 17-308 of the Business Occupations and Professions Article allows
the Commission to waive Maryland's licensing requirements for an applicant who
holds a comparable or equivalent license in another state. The applicant is required to
pay the appropriate application fee ($95 for a broker or $45 for a salesperson); provide
evidence that the applicant meets the qualifications for licensure in Maryland;
submit a copy of the applicant's comparable license from another state; and if the
applicant holds a license comparable to a Maryland real estate broker license, provide
evidence that the applicant actively maintains an office in the other state. Given the
relative ease of acquiring a Maryland license, Senate Bill 523 is not necessary. The
current procedure is much more clear and provides greater regulatory control to the
Maryland Real Estate Commission.
For the above reasons, I have vetoed Senate Bill 523.
Sincerely,
Parris N. Glendening
Governor
Senate Bill No. 523
AN ACT concerning
Nonresident Real Estate Brokers - Commercial Real Estate - Reciprocity
FOR the purpose of adding a new part to a certain subtitle of the Business and
Occupations Article; requiring a nonresident real estate broker to meet certain
conditions in order to provide commercial engage in a commercial real estate
brokerage services transaction in this State; requiring a certain written
application to be submitted to the State Real Estate Commission before a
nonresident real estate broker may provide services; requiring a nonresident
real estate salesperson to meet certain conditions in order to provide certain real
estate services in this State; establishing a fee for a temporary license; imposing
certain reciprocity requirements; allocating certain trust money to be received
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- 4669 -
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