Under Maryland's dual agency rules, agent Carlos is working for ABC Realty and has been representing seller Howard for several months. Now, buyer Diane — also a client of ABC Realty but represented by a different agent, Sandra — wants to purchase Howard's property. What type of agency relationship exists in this situation, and what written consent is required?
Correct Answer
D) Intra-company agency; both Howard and Diane must provide written informed consent before the situation arises
When different agents within the same brokerage represent the buyer and seller in the same transaction, Maryland law defines this as intra-company agency (not dual agency). Under Md. Code Ann., Bus. Occ. & Prof. § 17-530 et seq., intra-company agency requires written informed consent from both the buyer and the seller before the situation arises. Maryland's statutory framework for intra-company agency is more detailed than most states and is directly tested on the exam.
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