STATE OF MARYLAND REAL ESTATE COMMISSION
Understanding Whom Real Estate Agents Represent
THIS NOTICE IS NOT A CONTRACT
In this form “seller” includes “landlord”; “buyer” includes “tenant”; and “purchase” or “sale” includes “lease”
Agents Who Represent the Seller
Seller’s Agent: A seller’s agent works for the real estate company that lists and markets the property for the
sellers and exclusively represents the sellers. A seller’s agent may assist the buyer in purchasing the property,
but his or her duty of loyalty is only to the seller.
Subagent: A Subagent means a licensed real estate broker, licensed associate real estate broker, or licensed
real estate salesperson who is not affiliated with or acting as the listing real estate broker for a property, is not
a buyer’s agent, has a brokerage relationship with the seller, and assists a prospective buyer in the acquisition
of real estate for sale in a non-brokerage relationship capacity. The subagent works for a real estate company
different from the company for which the seller’s agent works. The subagent can assist a buyer in purchasing a
property, but his or her duty of loyalty is only to the seller.
If you are viewing a property and you have not signed a Brokerage Agreement, that agent represents
the seller
Agents Who Represent the Buyer
Buyer’s Agent: A buyer may enter into a written contract with a real estate broker which provides that the
broker will represent the buyer in locating a property to buy. The agent from that broker’s company is then
known as the buyer’s agent. The buyer’s agent assists the buyer in evaluating properties and preparing offers
and developing negotiation strategies and works in the best interest of the buyer. The agent’s fee is paid
according to the written agreement between the broker and the buyer. If you as a buyer wish to have an agent
represent you, you must enter into a written brokerage agreement.
Dual Agents
The possibility of dual agency arises when the buyer’s agent and the seller’s agent both work for the same real
estate company, and the buyer is interested in property listed by that company. The real estate broker or the
broker’s designee, is called the “dual agent.” Dual agents do not act exclusively in the interests of either the
seller or buyer, and therefore cannot give undivided loyalty to either party. There may be a conflict of interest
because the interests of the seller and buyer may be different or adverse.
If both seller and buyer agree to dual agency by signing a Consent For Dual Agency form, the “dual agent”
(the broker or the broker’s designee) shall assign one agent to represent the seller (the seller’s “intra-company
agent”) and another agent to represent the buyer (the buyer’s “intra-company agent”). Intra-company agents
are required to provide the same services to their clients that agents provide in transactions not involving dual
agency, including advising their clients as to price and negotiation strategies.
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If either party does not agree to dual agency, the real estate company must withdraw the brokerage
agreement for that particular property with either the buyer or seller, or both. If the seller’s agreement is
terminated, the seller must then either represent him or herself or arrange to be represented by an agent from
another real estate broker/company. If the brokerage agreement is terminated, the buyer may choose to enter
into a written brokerage agreement with a different broker/company. Alternatively, the buyer may choose not
to be represented but simply to receive assistance from the seller’s agent, from another agent in that company,
or from a subagent from another company.
No matter what type of agent you choose to work with, you have the following rights and responsibilities in
selling or buying property:
>Real estate agents are obligated by law to treat all parties to a real estate transaction honestly and fairly.
They must exercise reasonable care and diligence and maintain the confidentiality of clients. They must not
discriminate in the offering of properties; they must promptly present each written offer or counteroffer to
the other party; and they must answer questions truthfully.
>Real estate agents must disclose all material facts that they know or should know relating to a property. An
agent’s duty to maintain confidentiality does not apply to the disclosure of material facts about a property.
>All agreements with real estate brokers and agents must be in writing and explain the duties and obligations
of both the broker and the agent. The agreement must explain how the broker and agent will be paid and any
fee-sharing agreements with other brokers.
>You have the responsibility to protect your own interests. You should carefully read all agreements to
make sure they accurately reflect your understanding. A real estate licensee is qualified to advise you on real
estate matters only. If you need legal or tax advice, it is your responsibility to consult a licensed attorney or
accountant.
Any complaints about a real estate licensee may be filed with the Real Estate Commission at 1100
North Eutaw Street, Baltimore, MD 21201. (410) 230-6200.
We, the □ Sellers/Landlord □ Buyers/Tenants acknowledge receipt of a copy of this disclosure
and that ____________________________________ (firm name)
and ________________________________________ (salesperson) are working as:
(You may check more than one box but not more than two)
□
seller/landlord’s agent
□
subagent of the Seller
□
buyer’s /tenant’s agent
Signature (Date) Signature (Date)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
I certify that on this date I made the required agency disclosure to the individuals identified below and they were unable or
unwilling to acknowledge receipt of a copy of this disclosure statement.
Name of Individual to whom disclosure made Name of Individual to whom disclosure made
______________________________________ ___________________________________________
Agent’s Signature (Date)
Rev. 10/1/2019
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