During a listing appointment in Rockville, Maryland, agent Carlos explains to the seller that his brokerage practices intra-company agency. The seller asks Carlos when she must sign the consent form if one of Carlos's colleagues later brings a buyer. Under Maryland law, when must the seller's written consent to intra-company agency be obtained?
Correct Answer
B) Before the intra-company agency situation arises, ideally at the time the listing agreement is signed
Maryland law requires that written consent to dual agency or intra-company agency be obtained before the agency conflict arises. The best practice endorsed by MREC is to obtain this consent at the time the listing agreement is signed with the seller, so that the seller is informed in advance of the possibility that a colleague may represent the buyer. Waiting until after an offer is made would be too late. This requirement is found in 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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