Business Conduct
The heaviest area — nine of forty items, and where the broker column diverges most from the salesperson's six. Subtopics are Offers; Commissions, including rebates; Advertising and Signs; Fair Housing Laws and Regulations; and Summary Suspensions/Convictions.
Offers
A licensee must present in a timely manner all written offers and counteroffers to and from the client, even where the property is already subject to a contract of sale or lease (§ 17-532(b)(1)(ii)3), and the Code of Ethics requires them presented in full and in hard copy or electronic format (COMAR 09.11.02.02H). The licensee is not required to seek further offers while a property is under contract (§ 17-532(b)(4)), and the duties in § 17-532 may not be waived or modified. Copies of the listing contract, contract of sale, and lease must be furnished promptly to each party and kept (§ 17-322(b)(14)–(15)).
Commissions and Rebates
A licensee may not pay compensation in any form for brokerage services to an unlicensed person, subject to narrow exceptions for out-of-state licensees under § 17-513, entities formed under § 17-512, and title insurance producers paying at settlement on written authorization (§ 17-604). Paying a lawyer simply for a referral in a residential transaction is prohibited (§ 17-605). Every listing or sales contract must state the amount of brokerage agreed, as a sum or a percentage (COMAR 09.11.01.01A). A property manager may not keep a commission, rebate, or profit on expenditures made for an owner without the owner's knowledge and consent (COMAR 09.11.02.02E), and compensation from more than one party requires the full knowledge of all (COMAR 09.11.02.02C).
Advertising and Signs
No licensee may advertise without meaningfully and conspicuously including their own name or approved designated name and the full name — not the logo — of the affiliated business (§ 17-527.2). An associate broker or salesperson using an individual telephone number or e-mail must also show the broker's or branch manager's number, and electronic advertisements must carry the disclosures in the first 25% of the main page (COMAR 09.11.02.01G). Team advertising must show the brokerage name, at least one team member's name, and the broker's or branch manager's telephone number, with the team name directly connected to the brokerage name (§ 17-547). On an outdoor sign, the cost and capitalization of ground rent may not be printed smaller than the price (§ 17-606). Misleading advertising and failure to identify the advertiser as a licensee are disciplinary grounds (§ 17-322(b)(18)–(20)).
Fair Housing, Summary Suspensions, and Convictions
Blockbusting is prohibited whether or not the person acts for monetary gain, and covers attempts as well as completed inducements (§ 17-608); solicitation aimed at changing a neighborhood's racial composition is banned outright (§ 17-609). Section 17-525 requires Baltimore City brokers to keep a price-categorized registry of their listings and show a prospective buyer the relevant price band; § 17-526 imposes a parallel scheme in Montgomery County. The Commission may summarily suspend a license — before any hearing — for failing to account promptly for trust money, failing to display trust records on demand, a felony conviction, or failing to disclose such a conviction within 10 days (§ 17-328), and may summarily revoke after a final conviction for violating Title 17 (§ 17-327).
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State-specific details
State exam facts
- State regulator
- Maryland Real Estate Commission (MREC)
- Exam vendor
- PSI
- Prelicensing education
- 135 clock hours (broker prelicense program), after 3 years of active licensed practice
- Passing score
- 70% on each portion (56 national, 28 state)
- Scored questions
- 115
- Time limit
- 120 minutes
Who regulates real estate brokers in Maryland?
The Maryland Real Estate Commission (MREC), within the Department of Labor's Division of Occupational and Professional Licensing, licenses brokers and salespersons. MREC contracts with PSI for its exams.
What experience do I need before the Maryland broker exam?
Business Occupations and Professions § 17-305 requires three years as a licensed salesperson actively and lawfully providing brokerage services, plus a Commission-approved broker course — 135 clock hours under COMAR 09.11.01.12. PSI also requires a Maryland license history certifying three years of active, regular, lawful practice, valid for 90 days. An applicant qualified to practice law in Maryland has both the education and experience requirements waived.
How is the Maryland broker exam structured?
PSI bulletin 529 puts the broker exam at 115 scored questions in 120 minutes: a 75-question national portion scored to 80 points in 90 minutes, and a 40-question Maryland state portion worth 40 points in 30 minutes. You must pass each portion separately — 56 of 80 points national, 28 of 40 state. Do not use the salesperson figures (80 national + 30 state = 110); the two exams differ.
What does the Maryland state portion actually cover?
Six areas, at these broker item counts: Duties and Powers of the Real Estate Commission 5, Licensing Requirements 8, Brokerage Relationships 7, Supervision 6, Business Conduct 9, and Ethics 5. 'Examination of Records' is flagged broker-only. Maryland licenses Salesperson, Associate Broker, Broker, and Branch Office Manager.
Sources: https://labor.maryland.gov/license/mrec/mrecexam.shtml, https://test-takers.psiexams.com/api/content/bulletin/529
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