A Maryland seller signs a listing agreement with broker Tom that does not include a consent to dual agency. Several weeks later, one of Tom's buyer clients makes an offer on the listed property. The seller has not yet signed any dual agency consent. Under Maryland law, what must happen before Tom can represent both parties in this transaction?
Correct Answer
B) Tom must obtain written dual agency consent from both the buyer and the seller before continuing to represent both parties
Under Maryland law, dual agency requires written informed consent from both the buyer and the seller, and this consent must be obtained before the dual agency situation arises—not after the fact. Because the listing agreement did not include dual agency consent, Tom must now obtain signed written consent from both parties using the MREC-mandated Consent for Dual Agency form before he can lawfully represent both. This is required by Md. Code Ann., Bus. Occ. & Prof. § 17-530.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.
A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.
A non-agency relationship where the broker facilitates a real estate transaction without representing either party, owing limited duties of honesty, fairness, and competence to both.
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