In Maryland, the initial consent for a potential dual agency relationship is typically obtained when a client signs a listing or buyer agency agreement. However, this consent must be specifically reaffirmed in writing by both the buyer and the seller for a particular transaction. This reaffirmation is legally required before the parties sign the contract of sale. This ensures both parties provide informed consent to the specific dual agency situation, acknowledging that the agent represents both sides and cannot provide undivided loyalty to either party in that specific negotiation. This step is critical for transparency and compliance with state law.

A. Reaffirming after the earnest money deposit is too late, as this occurs after the contract is already legally binding.

B. Reaffirming after the contract is signed fails to meet the legal requirement of informed consent prior to commitment.

C. Reaffirming before the inspection is also too late, as the inspection is a post-contract contingency.

1. Annotated Code of Maryland, Business Occupations and Professions Article, § 17-530(d). This statute explicitly states: "Confirmation. -- If a licensee obtains the consent of a client to a dual agency relationship...the licensee shall complete and present to the client a written confirmation of the dual agency relationship for the client's signature before the client enters into a contract of sale or lease for the real property that is the subject of the dual agency relationship."

2. University of Maryland, Colvin Institute of Real Estate Development. Course materials on Maryland Real Estate Law and Ethics frequently cover agency disclosure requirements. They emphasize that the "Consent for Dual Agency" form must be executed by all parties prior to the execution of the contract of sale to confirm the relationship for a specific property. (e.g., RDEV 630: Real Estate Law).

3. Maryland Real Estate Commission (MREC). Agency disclosure guidelines and official publications reiterate that the confirmation of a dual agency relationship must occur before an offer to purchase is prepared or presented, ensuring all parties understand the agent's role before entering into a binding agreement. (Reference: MREC Residential Contract of Sale, Agency Disclosure provisions).