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AgencyFiduciary_dutiesHARD

Maryland licensee Brian is a dual agent representing both seller Donna and buyer Frank in the same transaction. Both parties have signed the MREC Consent for Dual Agency form. Frank confides to Brian that he has been approved for up to $520,000 but wants to start with an offer of $470,000. Donna later tells Brian she will not accept less than $490,000. What must Brian do with this information under Maryland dual agency law?

Correct Answer

D) Protect both parties' confidential information and facilitate the negotiation without revealing either party's confidential position to the other

Under Maryland's dual agency law, even with signed MREC Consent for Dual Agency forms, the dual agent must maintain confidentiality for both parties. Brian cannot disclose Frank's maximum approval of $520,000 to Donna, nor can he disclose Donna's minimum of $490,000 to Frank. His role is to facilitate the transaction without advocating for either party or using confidential information from one side to benefit the other. This is the core limitation of dual agency in Maryland.

Answer Options
A
Disclose Frank's maximum approval to Donna only, since it benefits the seller and Brian has a listing agreement
B
Disclose both parties' confidential positions to each other so they can reach a mutually acceptable agreement faster
C
Withdraw from dual agency and represent only the seller, since the listing agreement was signed first
D
Protect both parties' confidential information and facilitate the negotiation without revealing either party's confidential position to the other

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiesdual_agencyconfidentialitymrec_consent_formnegotiation

Related Concepts

The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.

An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

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