New York, NY asked in Real Estate Law for Maryland

Q: Is it a requirement for a buyer to hire a real estate broker in order to buy a real estate property in Maryland?

I was told that Maryland by law requires you to hire an agent for the acquisition of real estate. I find that hard to believe.

Related Topics:
2 Lawyer Answers
Thomas C. Valkenet
Thomas C. Valkenet
Answered
  • Baltimore, MD
  • Licensed in Maryland

A: Not true. But an agent or lawyer can be useful.

When the unrepresented shows interest in a residential property, the selling agent will usually try to convince the buyer to use a buyer's agent in the selling agent's own office.

The other common fallacy is that you must use only the standardized Maryland Board of Realtors form contract, with little or no changes. This is wrong. There are several provisions in the standard contract that only benefit the brokers and agents, and which are detrimental to the parties. It is the agents who fight to keep the language in the contract, against the best interests of their own clients.

Cedulie Renee Laumann agrees with this answer

Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Maryland

A: I don't know who told you that, but it is incorrect. Even though selling brokers are usually paid by splitting the commissions earned by selling brokers, buyers can often negotiate a lower price if they avoid using a broker, especially in buyer's markets. I do think it is wise to have some professional help negotiating price and navigating closing, but I've frequently had clients who located property on the Internet or through personal connections and then retained a lawyer to contract and close the deal. Further, as Mr. Valkenet writes, the contract preferred by brokers in the GCAAR and MAR regions both contain clauses that should be struck out before signing, since they are written solely to serve the brokers. I wrote an article on that, and it can be read at: <https://www.avvo.com/legal-guides/ugc/modifications-you-must-make-to-the-standard-gcaar-sales-offer>.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.