<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".10" citation="COMAR 09.03.06.10" title_num="09" subtitle_num="03" chapter_num="06" heading="Fees.">
  <paragraph num="A.">
    <text>A licensee may not retain a fee, or any portion of a fee, collected from the borrower if the fee is represented as a charge to be paid to a third party for services in connection with the loan.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Timing of Collection.</text>
    <paragraph num="(1)">
      <text>If a financing agreement is required under Commercial Law Article, §12-125, 12-922, or 12-1022, Annotated Code of Maryland, and these regulations, a licensee may not collect any fee from the applicant before providing the financing agreement executed by the lender.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Notwithstanding §B(1) of this regulation, a licensee may collect fees which are to be fully paid to third parties for services in connection with the loan, before providing a financing agreement.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A licensee may condition the making of a loan on the real estate seller's paying certain fees only if:</text>
    <paragraph num="(1)">
      <text>The seller has agreed in writing to pay those fees; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>At the time the borrower elects the type of loan applied for, the licensee discloses in writing:</text>
      <paragraph num="(a)">
        <text>Fees which the seller may be required to pay,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The fact that the borrower has the responsibility for informing the seller about the fees, and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The fact that the loan will not be made unless the seller, or someone other than the borrower, pays those fees.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>If a licensee fails to comply with §C of this regulation, the licensee may not:</text>
    <paragraph num="(1)">
      <text>Fail to close the loan solely because the seller refuses at closing to pay certain fees; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Threaten at closing to refuse to make the loan unless the seller pays certain fees.</text>
    </paragraph>
  </paragraph>
</regulation>