Maryland CE Shop Practice Exam

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Which clause would violate the Protection of Homeowners in Foreclosure Act?
Correct Answer:
A clause paying 7% of the sale price.
Explanation:
The Protection of Homeowners in Foreclosure Act targets how professionals can be compensated when helping homeowners in foreclosure. A clause that pays a broker a percentage of the sale price creates a direct link between the broker’s compensation and the outcome of the foreclosure sale, which can overly influence the broker’s actions and potentially exploit a homeowner under stress. The act is designed to prevent such predatory fee practices, so a provision based on the sale price is the type of arrangement it aims to prohibit. In contrast, a flat retainer fee is a fixed amount, which is a more straightforward, non-contingent charge; requiring that terms be in a written contract signed by both parties is standard and safe practice; and a licensed broker providing their license information to clients before signing contracts is a normal compliance step to verify credentials.

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