Agency Relationships in Maryland
Maryland requires early written disclosure of who a licensee represents and allows dual agency with consent through designated intra-company agents. This chapter explains the disclosure notice and the recognized agency roles.
The Agency Disclosure Notice
Maryland licensees must present the 'Understanding Whom Real Estate Agents Represent' notice at the first scheduled face-to-face contact with a consumer about a specific property. The notice explains the roles of a seller's agent, buyer's agent, dual agent, and subagent, allowing the consumer to understand representation before sharing confidential information. The notice is informational and does not by itself create an agency relationship.
Seller and Buyer Representation
A seller's agent represents the seller and owes fiduciary duties of loyalty, confidentiality, and disclosure to that client; a buyer's agent represents the buyer. In each case the licensee must still treat the other party honestly and disclose known material defects. Written representation agreements define the scope of the relationship and compensation.
Dual Agency and Designated Agents
When the same brokerage represents both buyer and seller, the broker may act as a dual agent only with the written consent of both parties. Maryland allows the broker to designate separate intra-company agents to advocate for each party's interests. A dual agent must not disclose one party's confidential negotiating information to the other, preserving fairness in the transaction.