When must informed consent for dual agency be obtained?

Maryland permits dual agency only under strict disclosure and consent rules (typically implemented as intra-company agency, where a broker designates separate intra-company agents for each party). Written, informed consent from both parties must be obtained before the licensee(s) act in a dual/intra-company capacity for a specific transaction and, in any event, prior to the parties entering into a contract. Maryland uses a MREC-prescribed Consent for Dual Agency disclosure form for this purpose. Early disclosure is encouraged at the formation of the brokerage relationship, but transaction-specific informed consent must be secured before contract.

References (Maryland Sources / Pre-Licensing Core Content):

Maryland Business Occupations and Professions Article, Title 17 (Real Estate Brokers Act) — agency disclosures; dual/intra-company agency framework; written informed consent requirements.

MREC forms/guidance: Consent for Dual Agency (transaction-specific written consent).

Maryland 60-Hour Pre-Licensing Course: “Maryland Agency Law” (dual agency; intra-company agency; timing and form of consent).