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During a busy weekend open house in Rockville, a prospective buyer tells the listing agent she wants to make an offer. The listing agent is a dual agent in this transaction. Before discussing any offer terms, what must the listing agent do first under Maryland law?

Correct Answer

A) Provide the buyer with the Maryland Disclosure of Brokerage Relationship form and obtain written consent to dual agency

Under Maryland law (Md. Code Ann., Bus. Occ. & Prof. § 17-530), a licensee must provide the Disclosure of Brokerage Relationship form at the first substantive contact with a prospective buyer. When a dual agency situation arises — such as at an open house where the listing agent may represent both the seller and a prospective buyer — the agent must obtain the buyer's written informed consent to dual agency using the MREC-mandated Consent for Dual Agency form before proceeding. Both the disclosure and the written consent to dual agency must occur before the dual agency relationship is established.

Answer Options
A
Provide the buyer with the Maryland Disclosure of Brokerage Relationship form and obtain written consent to dual agency
B
Refer the buyer to another agent in the brokerage to avoid dual agency
C
Inform the buyer verbally that a dual agency situation exists and proceed with the offer
D
Obtain the seller's written consent to dual agency before speaking with the buyer

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Related Topics & Key Terms

Key Terms:

dual_agencydisclosure_of_brokerage_relationshipopen_housewritten_consentMREC

Related Concepts

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

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