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<regulation prefix="Regulation" num=".02" citation="COMAR 09.11.02.02" title_num="09" subtitle_num="11" chapter_num="02" heading="Relations to the Client.">
  <paragraph num="A.">
    <text>In accepting employment as an agent, the licensee shall protect and promote the interests of the client. This obligation of absolute fidelity to the client's interest is primary, but it does not relieve the licensee from the statutory obligations towards the other parties to the transaction.</text>
  </paragraph>
  <paragraph num="B.">
    <text>In justice to those who place their interests in the licensee's care, the licensee shall endeavor always to be informed regarding laws, proposed legislation, governmental orders, and other essential information and public policies which affect those interests.</text>
  </paragraph>
  <paragraph num="C.">
    <text>A licensee may not accept compensation from more than one party to a transaction without the full knowledge of all the parties.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Disclosure Requirement for Licensees and Employees Buying, Selling, Leasing, and Renting Property.</text>
    <paragraph num="(1)">
      <text>A licensee seeking to acquire an interest in real property must disclose the licensee’s licensing status in writing to the seller or lessor of the property no later than the time that an offer is submitted.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The disclosure requirement of §D(1) of this regulation also applies when the licensee is acting on behalf of or representing:</text>
      <paragraph num="(a)">
        <text>A member of the licensee’s immediate family;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An entity in which the licensee has an ownership interest;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>An employee of the real estate brokerage with which the licensee is affiliated; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>An employee of a team or group of which the licensee is a member.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>A licensee seeking to sell or lease real property owned by the licensee must disclose that ownership interest in writing at the time that the property is offered for sale or lease.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The disclosure requirement of §D(3) of this regulation also applies when the licensee is acting on behalf of or representing:</text>
      <paragraph num="(a)">
        <text>A member of the licensee’s immediate family;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An entity in which the licensee has an ownership interest;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>An employee of the real estate brokerage with which the licensee is affiliated; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>An employee of a team or group of which the licensee is a member.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Written notice required by §D(3) and (4) of this regulation may be given through the multiple list service and through any other written means effective in bringing the information to the attention of prospective buyers or lessees.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The licensee’s immediate family shall include the licensee’s spouse or domestic partner, child, stepchild, child’s spouse, stepchild’s spouse, parent, sibling, grandparent, or grandchild.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>When acting as agent in the management of property, the licensee may not accept any commission, rebate, or profit on expenditures made for an owner without the owner's knowledge and consent.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Competitive Market Analysis.</text>
    <paragraph num="(1)">
      <text>A licensee may prepare a competitive market analysis of a specific property for a client, prospective client, or customer. The analysis shall include the following statement printed conspicuously and without change on the first page:</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If a licensee includes a property in which the licensee has an interest as one of the comparables, that fact shall be disclosed to the client, prospective client, or customer.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>The licensee may not submit or advertise property without authority. In any offering, the price quoted may not be other than that agreed upon with the owners as the offering price.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Presentation of Offers.</text>
    <paragraph num="(1)">
      <text>A licensee shall present all written offers or counteroffers received by the licensee to the client, as required by Business Occupations and Professions Article, §17-532(c)(ii)(3), Annotated Code of Maryland, in accordance with §H(2) of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Unless otherwise specified in the brokerage agreement, all written offers or counteroffers shall be presented to the client:</text>
      <paragraph num="(a)">
        <text>In full; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>In hard copy or electronic format.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>Unexcused failure to ensure that a prospective purchaser has the real property disclosure statement or disclaimer statement in hand before the submission of an offer to purchase may be considered a violation of the licensee's obligation to protect and promote the interests of the licensee's client when this failure could result in a contract becoming void or voidable.</text>
  </paragraph>
</regulation>