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09.11.02 - Real Estate Commission - Final Regulations

 

FINAL ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 40, ISSUE 7,
FRIDAY, AUGUST 8, 2014

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION
Subtitle 11 REAL ESTATE COMMISSION

09.11.02 Code of Ethics

Authority: Business Occupations and Professions Article, §17-207, Annotated Code of Maryland

Notice of Final Action
[14-124-F]

On July 16, 2014, the Real Estate Commission adopted amendments to Regulation .01 under COMAR 09.11.02 Code of Ethics. This action, which was proposed for adoption in 41:10 Md. R. 569 — 570 (May 16, 2014), has been adopted with the nonsubstantive changes shown below.

Effective Date: August 18, 2014.

Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

The phrase “to a party in a real estate transaction or potential transaction” has been deleted and the phrase “in the provision of real estate brokerage services” substituted. This change was made as a result of public comment indicating potential confusion with the original language. The Commission concluded that the new language would alleviate that confusion without changing the meaning, application, or effect of the regulation.

.01 Relations to the Public.
  A. — I. (proposed text unchanged)
  J. If the licensee offers the name of a service provider, including, but not limited to, a mortgage lender or mortgage broker, a real estate appraiser, a home inspector, a home improvement contractor, a plumber, an electrician, or a heating/ventilation/air conditioning/cooling (HVAC) contractor, [[to a party in a real estate transaction or a potential transaction]] in the provision of real estate brokerage services, the licensee shall first verify that the provider’s State license to perform those services is current. The licensee shall also give the person the electronic link to the licensing record information as well as the date on which the licensee last verified the information, so that the person may verify continued license status before entering into a contract with the provider.

J. NICHOLAS D’AMBROSIA
Chairman
Real Estate Commission