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Under Maryland's dual agency consent requirements, which of the following statements is NOT accurate?

Correct Answer

A) A dual agent in Maryland may disclose either party's confidential negotiating position to facilitate a faster closing

A dual agent in Maryland is expressly PROHIBITED from disclosing either party's confidential negotiating information to the other party, even after written consent has been obtained. The consent to dual agency does not waive either party's right to confidentiality regarding their negotiating position. Disclosing such information would be a breach of the dual agent's duties and is not permitted under any circumstances.

Answer Options
A
A dual agent in Maryland may disclose either party's confidential negotiating position to facilitate a faster closing
B
Written consent must be obtained from both the buyer and the seller before the dual agency situation arises
C
Dual agency is a legally authorized form of agency in Maryland when proper consent procedures are followed
D
Maryland uses a specific MREC-mandated Consent for Dual Agency form for this purpose

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Related Topics & Key Terms

Key Terms:

dual_agencyconfidentialityreverse_questionconsent_requirementsmaryland_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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