agency

Understanding Whom Real Estate Agents Represent

Maryland's required Commission form (BOP §17-530, §17-530.2) explaining seller's agents, buyer's agents, subagents, dual agents and intra-company agents. In residential transactions it must be given no later than the first scheduled face-to-face contact; if first contact with the other side is by phone or email, representation must be disclosed through that medium too. No disclosure is needed to a party who has already signed a brokerage agreement. At an open house, conspicuously posting a notice that the on-site licensee represents the seller satisfies the requirement.

Exam tip: Timing is 'no later than the first scheduled face-to-face contact', not at contract signing. The open-house sign is the exception that satisfies it.
Example: A buyer's agent first speaks to a FSBO seller by phone; she must tell the seller by phone that she represents the buyer, then give the form at their first scheduled meeting.

1. A buyer refuses to sign the acknowledgment on the 'Understanding Whom Real Estate Agents Represent' form. What should the licensee do?

Answer & explanation

Answer: A. The form includes a certification for consumers unable or unwilling to acknowledge receipt. The licensee records it there. Signing for the buyer would be dishonest, and refusing to sign creates no agency.

Related terms & state variants

agency disclosure Intra-Company Agent (Maryland) (MD)subagent

Sources

Source verification pending. Confirm current requirements with your state regulator.

Last verified: 2026-10-23