Sec. 09.03.06.12. Brokers

A. A person acting as a mortgage broker in a loan transaction may not obtain an exclusive dealing or exclusive agency agreement from any borrower.

B. Notwithstanding §A of this regulation, a person acting as a mortgage broker may obtain an agreement from a borrower that, in the event the loan is not made, restricts the borrower from obtaining a loan within 180 days after the borrower's initial application to the broker, from any lender identified to the borrower by the broker.

C. Fees.

(1) Except for a fee to be paid to a third party for services in connection with the loan, a person acting as a broker in a loan transaction may not collect a fee from an applicant before the loan is closed.

(2) Section C(1) does not authorize any fee not permitted under applicable sections of Commercial Law Article, Title 12, Annotated Code of Maryland.

D. Cure of Unintentional Violation.

(1) This section applies only to a licensee that engages in both brokering and lending in the regular course of its business.

(2) At the time a loan application is received, a licensee that collects a fee which would be prohibited under §C(1) of this regulation may cure a violation by tendering a refund of the impermissible fee collected if:

(a) At the time the loan application was received the licensee believed in good faith that the licensee was acting as a lender not a broker in the transaction; and

(b) Within 5 business days after determination by the licensee that the loan will be closed in the name of a third-party lender, the licensee:

(i) Tenders to the applicant a refund of all impermissible fees, and

(ii) Provides the applicant with a written broker agreement as required under Commercial Law Article, §12-805(d), Annotated Code of Maryland.