Real estate brokers in Maryland are required to exercise reasonable and adequate supervision over the provision of real estate brokerage services by any other individual acting on behalf of the broker, which includes transaction management coordinators.
There are specific guidelines provided by the Maryland Office of Attorney General, Department of Labor.
An unlicensed employee may do a number of tasks, including, but not limited to:
• Submit listings and changes to an MLS
• Assemble documents for closing; type contract forms at the direction of, and for approval by, licensee and supervising broker; compute commission checks
• Place signs on property; arrange the date and time of inspections, mortgage application, pre-settlement walk-thru, and settlement; act as courier service to deliver documents, pick up keys
• Schedule appointments for licensee to show listed property
• Accompany a licensee to an open house or showing for security purposes or to hand out preprinted materials.
An unlicensed employee may not:
• Prepare promotional materials or ads without the review and approval of licensee and supervising broker; show property; answer any questions on listings, title, financing, closing, etc.
• Discuss or explain a contract, listing, lease, agreement, or other real estate document with anyone outside the brokerage; be paid on the basis of real estate activity, such as a percentage of commission, or any amount based on listings, sales, etc.
• Negotiate or agree to any commission, commission split, management fee, or referral fee on behalf of a licensee
• Discuss the attributes or amenities of a property, under any circumstances, with a prospective purchaser or lessee
• Discuss the terms and conditions of the real property offered for sale or lease with the owner of the property
• Collect, receive, or hold deposit monies, rent, other monies, or anything else of value received from the owner or lessee of the real property or from a prospective purchaser or lessee
• Provide owners of real property or prospective purchasers or lessees with any advice, recommendations, or suggestions as to the sale, purchase, exchange, or lease of real property to be listed or real property presently available for sale or for lease
• Hold himself or herself out in any manner, orally or in writing, as being licensed or affiliated with a particular company or real estate broker as a licensee
• Contact the public concerning the availability of real estate brokerage services unless an inquiry about a specific property is immediately referred to a licensee
Lauren Bunting is a Broker with Keller Williams Realty of Delmarva in Ocean City, Maryland.
