<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".12" citation="COMAR 09.03.06.12" title_num="09" subtitle_num="03" chapter_num="06" heading="Brokers.">
  <paragraph num="A.">
    <text>A person acting as a mortgage broker in a loan transaction may not obtain an exclusive dealing or exclusive agency agreement from any borrower.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Notwithstanding §A of this regulation, a person acting as a mortgage broker may obtain an agreement from a borrower that, in the event the loan is not made, restricts the borrower from obtaining a loan within 180 days after the borrower's initial application to the broker, from any lender identified to the borrower by the broker.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Fees.</text>
    <paragraph num="(1)">
      <text>Except for a fee to be paid to a third party for services in connection with the loan, a person acting as a broker in a loan transaction may not collect a fee from an applicant before the loan is closed.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Section C(1) does not authorize any fee not permitted under applicable sections of Commercial Law Article, Title 12, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Cure of Unintentional Violation.</text>
    <paragraph num="(1)">
      <text>This section applies only to a licensee that engages in both brokering and lending in the regular course of its business.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>At the time a loan application is received, a licensee that collects a fee which would be prohibited under §C(1) of this regulation may cure a violation by tendering a refund of the impermissible fee collected if:</text>
      <paragraph num="(a)">
        <text>At the time the loan application was received the licensee believed in good faith that the licensee was acting as a lender not a broker in the transaction; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Within 5 business days after determination by the licensee that the loan will be closed in the name of a third-party lender, the licensee:</text>
        <paragraph num="(i)">
          <text>Tenders to the applicant a refund of all impermissible fees, and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Provides the applicant with a written broker agreement as required under Commercial Law Article, §12-805(d), Annotated Code of Maryland.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>