Key Takeaways

  • Dual agency occurs when one licensee represents both buyer and seller in the same transaction
  • Maryland permits dual agency only with written informed consent from both parties using the Consent For Dual Agency form
  • In dual agency, the broker designates intra-company agents for each party
  • The dual agent cannot give undivided loyalty to either party due to potential conflicts
  • Consent must be given before confidential information is shared
Last updated: January 2026

Dual Agency and Intra-Company Agency in Maryland

Maryland permits both dual agency and intra-company agency, but each has specific requirements and limitations.

When Dual Agency Arises

The possibility of dual agency arises when:

  • The buyer's agent and seller's agent both work for the same real estate company
  • The buyer is interested in property listed by that company
  • A single licensee would represent both parties

The real estate broker or the broker's designee is called the "dual agent."

Important Understanding

Key Concept: 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.

Requirements for Dual Agency

  1. Written informed consent from both parties BEFORE acting as dual agent
  2. Consent For Dual Agency form must be signed by both parties
  3. If both parties consent, the dual agent assigns intra-company agents:
    • One agent to represent the seller (seller's intra-company agent)
    • Another agent to represent the buyer (buyer's intra-company agent)

Dual Agent Limitations

A dual agent:

  • Cannot advocate for one party over the other
  • Cannot disclose confidential information from one party to the other
  • Must treat both parties honestly and fairly
  • Acts as a neutral facilitator
  • Cannot give undivided loyalty to either party

What a Dual Agent CANNOT Disclose

Without written permission, a dual agent cannot reveal:

To BuyerTo Seller
Seller's lowest acceptable priceBuyer's highest offering price
Seller's motivation to sellBuyer's motivation to buy
Seller's financial situationBuyer's financial capability beyond qualification

What a Dual Agent MUST Disclose

Even in dual agency, the licensee must disclose:

  • Material facts about property condition
  • Information required by law
  • Known defects affecting value or safety

Intra-Company Agency

Intra-company agency is created when dual agency is consented to and the broker assigns separate agents.

How Intra-Company Agency Works

When both seller and buyer consent to dual agency:

  1. The dual agent assigns one agent as the seller's intra-company agent
  2. The dual agent assigns another agent as the buyer's intra-company agent
  3. Each intra-company agent represents only their assigned client
  4. The broker remains the dual agent supervising both

Key Rules for Intra-Company Agency

RuleExplanation
Separate representationDifferent licensees represent each party
Full dutiesEach intra-company agent owes duties to their assigned client
Confidentiality preservedAgents keep client information confidential
Broker as dual agentPrincipal broker is the dual agent
Written consent requiredConsent For Dual Agency form signed

Broker's Role in Dual Agency

The supervising broker as dual agent:

  • Does NOT advocate for either party
  • Assigns intra-company agents
  • Ensures proper disclosures are made
  • Maintains separation between the agents
  • Supervises compliance with agency laws

Comparison: Dual Agency vs. Intra-Company Agency

AspectPure Dual AgencyIntra-Company Agency
When it occursSame agent for bothDifferent agents assigned
Created bySingle agent situationDual agency consent
AdvocacyNeither partyThrough assigned agent
ConfidentialityLimited to bothMaintained by each agent
Common practiceDiscouragedMore common approach

Consent Requirements

Consent to dual agency must be obtained:

  • BEFORE confidential information is shared
  • In writing using the Consent For Dual Agency form
  • Signed by both buyer and seller
Loading diagram...
Maryland Dual Agency Process
Test Your Knowledge

When dual agency is consented to in Maryland, what must the broker do?

A
B
C
D
Test Your Knowledge

Why can a dual agent NOT give undivided loyalty to either party?

A
B
C
D
Test Your Knowledge

What form must be signed by both parties to consent to dual agency in Maryland?

A
B
C
D