1

 This opinion affirms the conclusion previously reached on this question by Assistant

Attorney General Elizabeth H. Trimble. Letter to Lewis L. Fleury, Esquire (October 31, 1994).

Cite as: Opinion No. 95-039 (September 25, 1995)

(unpublished)

BALTIMORE CITY - BUSINESS AND PROFESSIONS - LICENSING OF

REAL ESTATE BROKERS AS AUCTIONEERS

September 25, 1995

The Honorable F. Vernon Boozer

Maryland Senate

You have requested our opinion whether Baltimore City may require a person who is

licensed by the State as a real estate broker to obtain an auctioneer's license to auction real

property in the City. 

In our opinion, Baltimore City may require such a person to obtain an auctioneer's license

from the City.1 

I

City's Regulatory Authority

Pursuant to Article XI-A, §2 of the Maryland Constitution, the General Assembly has

enacted various express powers for Baltimore City. Among these is the authority to enact

an ordinance "to license, tax, and regulate all businesses, trades, vocations or professions." 

Article II, §17 of the Baltimore City Charter. 

Exercising this authority, the City has enacted an ordinance that forbids a business or

person to conduct any auction sale in the City unless appointed by the Mayor and licensed by the

Director of Finance. Article 2 (Auctions), §§1, 3, and 10 of the Baltimore City Code. The

question has arisen whether this licensing requirement applies to those who are licensed by the

State to sell real estate.

The Maryland Real Estate Brokers Act, Title 17 of the Business Occupations and

Professions ("BOP") Article, Maryland Code, generally requires a person who provides real estate

brokerage services to be licensed as a real estate broker by the Real Estate Commission. BOP

§§17-301(a) and 17-701. Real estate brokerage services include selling real estate for another for

consideration. BOP §17-101(k)(1)(i). However, licensed auctioneers who sell real estate at a

public auction are not subject to the Act. §17-102(4). 
 

2 The general rule is stated in BOP §1-203: "Except as otherwise provided in this article or

Article 24, Title II of the Code, a county, municipal corporation, or other political subdivision of

the State may not ... require a local license ... to engage in a business or occupation for which

a State licensure is required under this article." 

Whether a person who is licensed by the Real Estate Commission to sell real estate may be

required to obtain a local license to auction real estate is governed by BOP §1-203, which

generally prohibits a locality from requiring a license when the activity in question is already

licensed by the State.2 This section is a qualified preemption clause, applicable to twenty-one of

the State's twenty-four subdivisions. 

Baltimore City is one of the three jurisdictions expressly exempted from this pre-emption

clause. BOP §1-203(a). Hence, whatever the scope of this clause, it has no application to

Baltimore City.

II

Conclusion

In our opinion, Baltimore City may exercise the legislative powers granted by the General

Assembly to require auctioneers to be licensed, including those persons who wish to auction real

estate in the City and have been licensed by the State to sell real estate. 

J. Joseph Curran, Jr.

Attorney General

Richard E. Israel

Assistant Attorney General

Jack Schwartz

Chief Counsel

 Opinions & Advice