Lesson 4: Maryland Ministerial Acts

Ministerial Acts

In Maryland, a licensee may perform a ministerial act on behalf of their client. Ministerial Acts are administrative in nature, for instance, when a listing agent assists a prospective buyer to complete terms of a contract on behalf of their seller, but the act must not require the agent to exercise discretion or judgment and does not require the agent to advise the prospective buyer. (

A ministerial act is defined as an action that:

• An agent performs for their client before or after executing a contract of sale or lease, or that

• Assists another party (who is not your client) to fulfill or complete a contract of sale or lease with your client.

• Does not include the exercise of the licensee’s own judgment.

A licensee who performs ministerial acts for a person cannot:

• Form a brokerage relationship between the licensee and the person that benefits from the ministerial acts.

• Violate the licensee’s duties to the client, providing that the client has consented to the licensee’s provision of ministerial acts in the brokerage agreement. 

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Check for understanding!

On whose behalf do licensees perform ministerial acts?