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Under Maryland law, which of the following statements correctly describes the difference between dual agency and intra-company agency?

Correct Answer

B) Dual agency involves one licensee representing both parties; intra-company agency involves two licensees in the same brokerage each representing a different party

Maryland law draws a clear statutory distinction between dual agency and intra-company agency. Dual agency occurs when a single licensee represents both the buyer and the seller in the same transaction. Intra-company agency occurs when two different licensees affiliated with the same brokerage each represent a different party. Both require written informed consent using the MREC-mandated form, but they are legally distinct relationships with different implications for the duties owed.

Answer Options
A
Dual agency requires written consent; intra-company agency can be established with verbal consent from both parties
B
Dual agency involves one licensee representing both parties; intra-company agency involves two licensees in the same brokerage each representing a different party
C
Dual agency is prohibited in Maryland; intra-company agency is the only lawful form of in-house representation
D
Dual agency applies only to commercial transactions; intra-company agency applies only to residential transactions

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Related Topics & Key Terms

Key Terms:

dual_agencyintra_company_agencyagency_comparisonMaryland_specific

Related Concepts

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

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