Maryland guide

Maryland Dual Agency and Intra-Company Agent: Mechanics and Written Consent Requirements

In Maryland, dual agency happens when the same brokerage represents you and the seller on the same home.

Reading as buyer.

TL;DR

In Maryland, dual agency happens when the same brokerage represents you and the seller on the same home. The law lets it happen only if you sign a written consent form on the official state form, and the brokerage then assigns you your own intra-company agent who works only for you. That separate agent can still advise you on price and strategy, but the broker overseeing both sides has to stay neutral and cannot share either party's secrets.

Before you start — 8 things to know

  • Dual agency in Maryland means one brokerage represents both the buyer and the seller in the same deal, and Maryland law only allows it when the buyer signs a written consent form before moving forward.

  • A buyer in Maryland cannot be forced to agree to dual agency, and the consent form must say the buyer agreed voluntarily and understood the terms.

  • Once consent is given, the brokerage assigns the buyer a separate intra-company agent who is supposed to give the same full advice a regular buyer's agent would, including help on price and negotiation strategy.

  • The dual agent (usually the broker or branch manager who oversees both sides) is the neutral party and is not allowed to tell the buyer that the seller would accept less than the listing price.

  • The Maryland consent form must identify the specific property and name the buyer at the time the purchase contract is signed, so a vague or pre-signed blanket form does not meet the legal requirement.

  • If a buyer was working with an agent and that agent's brokerage also lists the house the buyer wants to make an offer on, the brokerage must pause, disclose the conflict, and collect written consent before the buyer keeps getting advice on that property.

  • At first contact with a Maryland brokerage, the buyer is supposed to be given the disclosure that explains agency relationships in plain language so the buyer understands who works for whom before signing anything.

  • The same person cannot serve as the neutral dual agent and as the buyer's intra-company agent in one transaction, so a buyer should expect two distinct people inside the brokerage handling these two roles.

The timeline — step by step

  1. Step 1: At first substantive contact, the buyer receives the Maryland disclosure explaining the difference between a buyer's agent, a seller's agent, a dual agent, and an intra-company agent.

  2. Step 2: When the buyer wants to make an offer on a home listed by the same brokerage that represents the buyer, the agent must stop and disclose that a dual agency situation is about to be created.

  3. Step 3: The buyer is given the official Maryland Consent for Dual Agency form and decides voluntarily whether to sign it; refusing is allowed and the buyer can ask to work with a different brokerage instead.

  4. Step 4: After the buyer signs consent, the broker or branch manager is assigned as the neutral dual agent, and a separate intra-company agent inside the brokerage is named to represent the buyer.

  5. Step 5: The buyer's intra-company agent continues giving full buyer-side advice on offer price, contingencies, inspections, and negotiation, the same as a buyer's agent in a non-dual deal.

  6. Step 6: The written consent form is finalized by identifying the specific property and naming the buyer at the time the purchase contract is signed, then kept in the brokerage's transaction file.

Common questions

Do I have to agree to dual agency if I want to buy a home in Maryland?
No. Maryland law specifically requires that consent to dual agency be voluntary, and the consent form has to state that the buyer was not required to consent, so a buyer can decline and work with a brokerage that does not represent the seller.
Will my intra-company agent still help me negotiate the price?
Yes. Under Maryland law the intra-company agent representing the buyer must provide the same services a regular buyer's agent would, including advising on price and negotiation strategy, so the buyer keeps real representation on the deal.
Can the broker who oversees both sides tell me what the seller will really accept?
No. The neutral dual agent in Maryland cannot disclose to the buyer that the seller will accept less than the listing price unless the seller has specifically authorized it, so the buyer has to rely on their own intra-company agent for negotiation guidance.
What is the form I sign called and when do I sign it?
The form is the MREC-published Consent for Dual Agency form, and it has to identify the specific property and name the buyer at the time the purchase contract is executed, not as a blank pre-signed paper.
What happens if my agent keeps advising me on a home their brokerage also lists without telling me?
That is an undisclosed dual agency situation, which violates Maryland law and can give the buyer a cause of action against both the agent and the brokerage, so the agent is required to stop and get written consent first.
Can the same person be both the dual agent and my intra-company agent?
No. Maryland law treats those as two different roles in a single transaction, so the brokerage has to designate one person as the neutral dual agent and a different person as the buyer's intra-company agent.

Glossary

1 term
RECAD — Real Estate Consumer's Agency and Disclosure
The form that lays out, in plain terms, the agency relationship between you and the agent — whether they represent you, the seller, or both.

Sources

  1. [1]
  2. [2]

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