32 §13173. Agency license qualifications
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 114: REAL ESTATE BROKERAGE LICENSE ACT HEADING: PL 1987, C. 769, PT. A, §125 (RPR)
Subchapter 3: REAL ESTATE BROKERAGE AGENCY HEADING: PL 1987, C. 395, PT. A, §212 (NEW)
§13173. Agency license qualifications
1. Designated broker. The owner or a duly authorized agency official shall hold a Maine real estate broker license and be designated by the agency to act for it in the conduct of real estate brokerage.
[ 1987, c. 395, Pt. A, §212 (NEW) .]
2. Employees. Every person employed by or on behalf of the agency in the performance of real estate brokerage shall be properly licensed under this chapter.
[ 1987, c. 395, Pt. A, §212 (NEW) .]
3. Reputation. The agency and its owner or principal officers, if previously engaged in any business, shall bear a good reputation for honesty, truthfulness, fair dealing and competency.
[ 1987, c. 395, Pt. A, §212 (NEW) .]
4. Nonresidents. The following applies to nonresidents.
A. Nonresident applicants shall hold a similar license in good standing and maintain an active place of business in its resident jurisdiction. [1987, c. 395, Pt. A, §212 (NEW).]
B. Nonresident agency applicants shall file an irrevocable consent that actions may be commenced against the applicant in the proper court of any county of this State in which a cause of action may arise or in which the plaintiff may reside, by the service of any process or pleading authorized by the laws of the State on the director of the commission. The consent shall stipulate and agree that service of the process or pleading on the director shall be taken and held in all courts to be as valid and binding as if due service had been made upon the applicant personally within this State. The instrument containing the consent shall be authenticated by the seal of the corporation or by the acknowledged signature of the member or officer of the corporation, if otherwise. All applications, when applicable, shall include a duly certified copy of the resolution of proper officers or managing board authorizing the proper officer to execute the resolution. In case any process or pleadings mentioned in the case are served upon the director, it shall be by duplicate copies, one of which shall be filed in the office of the commission and the other immediately forwarded by certified mail to the main office of the applicant against whom the process or pleadings are directed. [1987, c. 395, Pt. A, §212 (NEW).]
[ 1987, c. 395, Pt. A, §212 (NEW) .]
5. Place of business. Every agency holding an active license shall maintain a fixed and definite place of business where its designated broker and employees may be personally contacted without unreasonable delay.
[ 1987, c. 395, Pt. A, §212 (NEW) .]
6. Branch office. Other locations where real estate brokerage business is regularly conducted or that are advertised as locations where the public may contact the agency or its employees concerning brokerage services must be licensed as a branch office. In order to qualify for a branch office license, the agency designated broker may designate another broker to act as branch manager, in which case the manager has designated broker responsibilities for that office.
[ 1999, c. 129, §16 (AFF); 1999, c. 129, §7 (AMD) .]
SECTION HISTORY
1987, c. 395, §A212 (NEW). 1999, c. 129, §16 (AFF). 1999, c. 129, §7 (AMD).