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<section article="gbo" article_name="Business Occupations and Professions" number="17-528" title_number="17" title_name="Real Estate Brokers" subtitle_number="5" subtitle_name="Miscellaneous Provisions">
  <level label="a">
    <text>In this Part III of this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“Broker” means a licensed real estate broker, including a corporation, limited liability company, partnership, or sole proprietorship through which a licensed real estate broker provides real estate brokerage services under § 17–321 of this title.</text>
  </level>
  <level label="c">
    <text>“Brokerage agreement” means a written agreement between a broker and a client to provide real estate brokerage services under a brokerage relationship.</text>
  </level>
  <level label="d">
    <text>“Brokerage relationship” means a relationship under a brokerage agreement between a client and a broker who has been authorized by the client to provide real estate brokerage services in a residential real estate transaction.</text>
  </level>
  <level label="e">
    <text>“Buyer’s agent” means a licensed real estate broker, licensed associate real estate broker, or licensed real estate salesperson who, in accordance with a written brokerage agreement, represents a prospective buyer or lessee in the acquisition of real estate for sale or for lease.</text>
  </level>
  <level label="f">
    <text>“Client” means a person who has entered into a brokerage agreement with a broker under a brokerage relationship.</text>
  </level>
  <level label="g">
    <level label="1">
      <text>“Common source information company” means any person that is a source, compiler, or supplier of information regarding residential real estate for sale or lease or other data.</text>
    </level>
    <level label="2">
      <text>“Common source information company” includes a multiple listing service.</text>
    </level>
  </level>
  <level label="h">
    <text>“Confidential information” includes information that:</text>
    <level label="1">
      <text>the seller or lessor will accept a price or rent less than the price or rent as set forth in the brokerage agreement or will accept terms other than those contained in the brokerage agreement;</text>
    </level>
    <level label="2">
      <text>the buyer or lessee is willing to pay a price or rent higher than the price or rent the buyer or lessee offered or will accept terms other than those contained in the offer of the buyer or lessee;</text>
    </level>
    <level label="3">
      <text>discloses the motivation of a buyer, lessee, seller, or lessor or the need or urgency of a seller to sell, a buyer to buy, a lessee to lease, or a lessor to lease;</text>
    </level>
    <level label="4">
      <text>discloses any facts that led the seller to sell, the buyer to buy, the lessee to lease, or the lessor to lease; or</text>
    </level>
    <level label="5">
      <text>relates to the negotiating strategy of a client.</text>
    </level>
  </level>
  <level label="i">
    <text>“Dual agency” means each relationship in which a licensed real estate broker or branch office manager acts as a dual agent.</text>
  </level>
  <level label="j">
    <text>“Dual agent” means a licensed real estate broker who acts as, or a branch office manager described in § 17–518(d) of this subtitle who has been designated by the licensed real estate broker to act as, an agent for both the seller and the buyer or the lessor and the lessee in the same real estate transaction.</text>
  </level>
  <level label="k">
    <text>“Intra–company agent” means a licensed associate real estate broker or licensed real estate salesperson who has been designated by a dual agent to act on behalf of a seller or lessor or buyer or lessee in the purchase, sale, or lease of real estate.</text>
  </level>
  <level label="l">
    <text>“Ministerial act” means an act that:</text>
    <level label="1">
      <text>a licensee performs on behalf of a client before and after the execution of a contract of sale or lease;</text>
    </level>
    <level label="2">
      <text>assists another person to complete or fulfill a contract of sale or lease with the client of the licensee; and</text>
    </level>
    <level label="3">
      <text>does not involve discretion or the exercise of the licensee’s own judgment.</text>
    </level>
  </level>
  <level label="m">
    <text>“Seller’s agent” means a licensed real estate broker who, in accordance with a written brokerage agreement, acts as the listing broker for real estate, or a licensed associate real estate broker or licensed real estate salesperson who is affiliated with the listing broker.</text>
  </level>
  <level label="n">
    <text>“Subagent” means a licensed real estate broker, licensed associate real estate broker, or licensed real estate salesperson who:</text>
    <level label="1">
      <text>is not affiliated with or acting as the listing real estate broker for a property;</text>
    </level>
    <level label="2">
      <text>is not a buyer’s agent;</text>
    </level>
    <level label="3">
      <text>has a brokerage relationship with the seller or lessor; and</text>
    </level>
    <level label="4">
      <text>assists a prospective buyer or lessee in the acquisition of real estate for sale or for lease in a nonagency capacity.</text>
    </level>
  </level>
  <level label="o">
    <text>“Timely” means a reasonable time under the particular facts and circumstances.</text>
  </level>
</section>
