Frequently Asked Questions

Legal Hotline FAQ

A blog of the most frequently asked questions to the Maryland REALTORS Legal Hotline.

Maryland Association of REALTORS
Maryland Association of REALTORS

Legal FAQ

Does the Broker’s Act require real estate licensees to list their license category in all advertising that involves the sale, rent, or offer to purchase real property?

The Maryland Attorney General’s Office has issued an Advice of Counsel letter to the Real Estate Commission regarding the use of statutory license categories in all advertising that involves the sale, rent, or offer to purchase real property.

The Memorandum indicates that the Real Estate Brokers Act does not contain a general mandate that the statutory license categories broker, associate broker, or salesperson must be used in such advertising. Rather, the statute contains a limited requirement that a licensee who offers to buy or sell property for his or her own account must disclose that they are licensed by the Commission in advertising relating to such properties.

While the Opinion leaves licensees free to decide whether or not to include their license category in advertising, the Commission and Counsel advise licensees to avoid using other terms that could mislead or cause consumer confusion. For example, a licensed salesperson should not use the term "sales associate," because there is a statutory licensing category "Associate Broker." The use of the term “associate” in any context other than Associate Broker could confuse a consumer and therefore should be avoided.

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