In Maryland, dual agency requires:
Question & Answer
Review the question and all answer choices
No consent
No consent is never acceptable for dual agency in Maryland. This option represents a dangerous misconception that agents can represent conflicting parties without disclosure, which violates fiduciary duties and state regulations.
Written informed consent from both parties
Only seller consent
Only seller consent is insufficient. Maryland law requires consent from both the buyer and the seller to ensure all parties understand the potential conflicts and limitations of representation.
Verbal consent only
Verbal consent alone is not sufficient in Maryland. The state specifically requires written informed consent to create a documented record that all parties fully understood the dual agency arrangement.
Why is this correct?
Maryland requires written informed consent from both parties before dual agency can occur. This requirement ensures transparency and protects clients' interests by making them aware of the potential conflicts involved when one agent represents both sides of a transaction.
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