As a result of a new law, the following rules apply to Teams and
Groups beginning on October 1, 2010:
Download the Do's and Don'ts for
Teams (Word document, 30KB,
download Word viewer for free)
Teams
A Team must consist of two or more Associate Brokers or Salespersons or a combination of the two who:
- Work together on a regular basis:
- Represent themselves to the public as being part of one entity; AND
- Designate themselves by a collective name such as "Team or Group."
All licensed team members must be affiliated with the same broker, and, if applicable, offer brokerage services at
the same branch office.
X A licensed broker may NOT be a member of a Team.
X The name of the Team may
NOT contain the terms "Real Estate",
"Real Estate Brokerage", "Realty", or any other term that would lead the public to believe that the Team is offering
real estate brokerage services independent of the Broker.
Team members must conduct all real estate brokerage activities from the broker's office or the branch office where their licenses are displayed.
X A Team may NOT operate out of an office or location other than
the broker's office or the branch office where their licenses are displayed.
Advertising
All Team advertising must contain:
- The full name of the brokerage displayed in a meaningful and conspicuous way;
- The name of at least one of the licensee members of the Team; and
- The telephone number of the broker or the branch office manager.
The Team name in the advertisement must be directly
connected to the name of the brokerage.
“Advertise" means the use of any oral, written, or visual advertisement by a licensed real estate salesperson, licensed real estate broker, licensed associate real estate broker, or other person on behalf of a licensed real estate salesperson, licensed real estate broker, or licensed associate real estate broker. "Advertisement" means, unless the context requires otherwise, any oral, written, or printed media advertisement. "Advertisement" includes any correspondence, mailing, newsletter, brochure, business card, for sale or for lease sign and sign rider, promotional item, automobile signage, telephone directory listing, television announcement, radio announcement, telephone solicitation, and World Wide Web and Internet voice-overs. (17-527.2 Annotated Code of MD)
Team Leaders
A Team must designate a team member as its Team
Leader. The Team Leader must be an Associate Broker or a Salesperson with at least 3 years experience.
The Team Leader must maintain a current list of all
members and employees of the Team.
The Team Leader must provide the list and any
revisions to the list to the Broker or the Branch Office Manager where the Team Members' licenses are displayed.
The Team Leader must exercise reasonable and adequate
supervision over the provision of real estate services by members of the Team.
Brokers and Branch Office Managers
The Broker or Branch Office Manager must maintain
copies of the lists of Team Members and Employees, and make the copies available to the Commission on request.
The Broker and Branch Office Manager must supervise
the Team Members, and this supervision is in addition to the supervision responsibilities of the Team Leader.
X The Broker and Branch Office Manager may not delegate their
supervisory responsibilities over Team Members to the Team Leader.
Team Leaders and Members
The Team Leader and all Team Members must adhere to all office rules, practices, and procedures established by the Broker and the Branch Office Manager.
Dual Agency
THE Broker may designate two members of a team as
intra-company agents for the Buyer and the Seller in the same transaction if the parties have
FIRST been advised in
writing that the Licensees are part of the same team and the team could have a financial interest in the outcome of
the transaction. The Buyer and Seller must complete the
"Notification
for Dual Agency within Team" form
(Word document, 38KB, download
Word viewer for free) required under existing law before Dual Agency may occur.
X The Team Leader may NOT designate Team Members as intra-company
agents. Only the Broker may make this designation.
The Broker must insure that both parties have
acknowledged in writing receipt of a "Notification of Dual Agency within a Team" form
PRIOR to designating two Team
Members as intra-company agents in a transaction.
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