Listing and Buyer Representation Agreements, Advertising, and Records
Brokerage agreements
Maryland requires brokerage agreements to be in writing and to state a definite termination date; automatic renewal (evergreen) clauses are not permitted. Exclusive right to sell, exclusive agency, open listings and buyer-broker agreements differ on who is owed compensation and whether the owner may sell independently without paying. Any protection period after expiration must be limited and disclosed.
Advertising rules
- Every advertisement, including signs, social posts and team branding, must identify the licensed brokerage by its registered name.
- A team name may appear only with the brokerage name attached, and teams must be registered with MREC.
- Advertising another broker's listing without permission, or running a blind ad that omits the brokerage, violates the regulations.
- Licensees may not advertise a property as available while knowing it is under contract, without saying so.
Records
Brokers retain transaction files, agreements, disclosures and copies of advertising for at least three years, available to MREC on request.
Worked example
A team called Bayview Homes posts an Instagram ad for a listing showing only the team name and the agent's cell number. Analysis: the ad fails to identify the registered brokerage and obscures who is legally responsible. The compliant version reads Bayview Homes, a team of Harbor Realty, with the registered brokerage name visible.
Traps that cost marks
Believing an open listing needs no writing; treating social media as exempt; letting a team brand outrun the brokerage name; discarding files once the commission is paid.