Ch. 719                                        1994 LAWS OF MARYLAND

(2)      THE WRITTEN CONSENT SHALL IDENTIFY EACH PROPERTY FOR
WHICH THE REAL ESTATE BROKER WILL SERVE AS A DUAL AGENT.

(3)      THE WRITTEN CONSENT SHALL INCLUDE A STATEMENT THAT:

(I) THE REAL ESTATE BROKER RECEIVES COMPENSATION ONLY
ON THE SALE OF A PROPERTY LISTED ONLY BY THE BROKER;

           (II) AS A DUAL AGENT THE REAL ESTATE BROKER REPRESENTS

BOTH THE SELLER AND THE BUYER AND THERE MAY BE A CONFLICT OF INTEREST
BECAUSE THE INTERESTS OF THE SELLER AND THE BUYER MAY BE DIFFERENT OR
ADVERSE;

(III)    AS A DUAL AGENT THE REAL ESTATE BROKER DOES NOT OWE
UNDIVIDED LOYALTY TO EITHER THE SELLER OR THE BUYER;

(IV)    EXCEPT AS. OTHERWISE REQUIRED BY LAW THIS TITLE, A
DUAL AGENT MAY NOT DISCLOSE INFORMATION THAT A SELLER OR BUYER IN A
REAL ESTATE TRANSACTION REQUESTED REQUESTS TO REMAIN CONFIDENTIAL TO
THE BUYER OR SELLER IN THE SAME REAL ESTATE TRANSACTION;

(V)     UNLESS AUTHORIZED BY THE SELLER, A DUAL AGENT MAY NOT
TELL A BUYER THAT THE SELLER WILL ACCEPT A PRICE LOWER THAN THE LISTING
PRICE OR ACCEPT TERMS OTHER THAN THOSE CONTAINED IN THE OFFER OF THE
BUYER LISTING AGREEMENT OR SUGGEST THAT THE SELLER ACCEPT A LOWER
PRICE IN THE PRESENCE OF THE BUYER;

(VI)    UNLESS AUTHORIZED BY THE BUYER, A DUAL AGENT MAY NOT
TELL A SELLER THAT THE BUYER IS WILLING TO PAY A PRICE HIGHER THAN THE
PRICE THE BUYER OFFERED OR ACCEPT TERMS OTHER THAN THOSE CONTAINED IN
THE LISTING AGREEMENT OFFER OF THE BUYER OR SUGGEST THAT THE BUYER PAY
A HIGHER PRICE IN THE PRESENCE OF THE SELLER;

(VII)  A DUAL AGENT MAY NOT DISCLOSE THE MOTIVATION OF A
BUYER OR SELLER OR THE NEED OR URGENCY OF A SELLER TO SELL OR A BUYER
TO BUY;

(VIII)EXCEPT AS OTHERWISE REQUIRED BY THIS TITLE, IF THE
INFORMATION IS CONFIDENTIAL, A DUAL AGENT MAY NOT DISCLOSE ANY FACTS
THAT LEAD THE SELLER TO SELL;

(IX)    THE BUYER OR SELLER DOES NOT HAVE TO CONSENT TO THE
DUAL AGENCY;

(X)     THE BUYER OR SELLER HAS VOLUNTARILY CONSENTED TO
THE DUAL AGENCY; AND

(XI) THE TERMS OF THE DUAL AGENCY ARE UNDERSTOOD BY THE
BUYER OR SELLER.

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