EstatePass
AgencyDisclosure_requirementsHARD

Agent Nora represents buyer clients who are purchasing a home from an unrepresented seller (FSBO). Nora provided the Maryland Disclosure of Brokerage Relationship form to her buyer clients at first substantive contact. The FSBO seller, who has no agent, asks Nora to explain the contract terms and help him understand what he needs to do before closing. Nora agrees to help the seller understand the process. Under Maryland law, which of the following BEST describes the risk Nora faces?

Correct Answer

D) Nora risks creating an implied agency relationship with the seller, which could constitute undisclosed dual agency without written consent from both parties

When Nora begins advising and assisting the unrepresented seller on contract terms and closing preparation, she risks creating an implied agency relationship with the seller. If a court or MREC determines that the seller reasonably believed Nora was acting as his agent, this would constitute an undisclosed dual agency—representing both the buyer and the seller without the required written consent from both parties. This is a significant Maryland license law violation that could result in disciplinary action, license suspension, or civil liability.

Answer Options
A
Nora faces no risk because helping an unrepresented seller understand a contract is a standard courtesy with no legal implications
B
Nora's risk is limited to a potential ethics violation under the NAR Code of Ethics, not a Maryland license law violation
C
Nora is required by Maryland law to assist the unrepresented seller as part of her duty to facilitate the transaction
D
Nora risks creating an implied agency relationship with the seller, which could constitute undisclosed dual agency without written consent from both parties

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Related Topics & Key Terms

Key Terms:

implied_agencydual_agencyfsboundisclosed_dual_agencyexpert_trapbuyer_agent

Related Concepts

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

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