Maryland Real Estate Commission v. Garceau

The issues in the underlying administrative appeal boil down to three. First: can a real estate broker, Georgeanna Garceau (Appellee and Cross-Appellant), be found negligent for failing to disclose the existence of a non-existent homeowners association? We don’t think so. Second: can Ms. Garceau be held negligent for failing to disclose potential well-water contamination in the neighborhood? We determine she can. And third: was the sanction imposed by the Maryland Real Estate Commission (“MREC”) (Appellant and Cross-Appellee) on Ms. Garceau in this case arbitrary and capricious? Under the…