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AgencyDisclosure_requirementsMEDIUM

Agent Renee is showing homes to buyer clients Marcus and Diane. During a showing, Marcus mentions that he is willing to pay up to $450,000 for the right home, even though they plan to offer $410,000 initially. Later, Renee's brokerage receives a listing for a home that Marcus and Diane want to purchase. Renee's broker asks her to now represent both the buyer and seller in the transaction. What must happen before Renee can proceed as a dual agent?

Correct Answer

B) Renee must obtain written informed consent from both the buyer and seller before the dual agency situation arises

Maryland law requires that written informed consent for dual agency be obtained from both parties BEFORE the dual agency situation arises—not at contract signing or after the situation has already developed. This is a critical Maryland-specific timing requirement. Additionally, once dual agency is established, Renee cannot disclose Marcus's maximum price of $450,000 to the seller, as confidential information obtained during single agency must be protected.

Answer Options
A
Renee must verbally inform both parties of the dual agency situation at the time of contract signing
B
Renee must obtain written informed consent from both the buyer and seller before the dual agency situation arises
C
Renee must withdraw from representing the buyer and refer Marcus and Diane to another agent at her firm
D
Renee must disclose only to the seller that she previously represented the buyer, as the buyer already knows her

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Related Topics & Key Terms

Key Terms:

dual_agencywritten_consenttiming_of_consentconfidentialitymaryland_specific

Related Concepts

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

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.

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