Assume you are a licensee in Maryland who has recently entered into an agreement with a seller to represent their interests in a real estate…

Maryland law requires a licensee to provide the "Understanding Whom Real Estate Agents Represent" disclosure form at the first scheduled face-to-face meeting with a prospective buyer or seller. In this scenario, the licensee represents the seller. Therefore, when meeting a potential buyer for the first time in a scheduled, substantive context (e.g., a property showing), the licensee must provide this disclosure. This ensures the buyer understands that the agent's fiduciary duty is to the seller and clarifies the agency relationship before any confidential information is shared or negotiations begin. This initial contact is considered the first point of substantive discussion.

A. Waiting until the earnest money deposit is made is far too late in the transaction; disclosure must occur at the first substantive contact.

B. Disclosure after an offer is accepted is non-compliant. The buyer must understand the agent's allegiance before drafting and submitting an offer.

D. This scenario triggers a different disclosure requirement for dual agency. The initial agency disclosure is mandated much earlier, at the first scheduled meeting.

1. Maryland Real Estate Brokers Act, Business Occupations and Professions Article, § 17-530(c)(1): "A licensee shall provide a prospective buyer or a prospective seller with a copy of the understanding whom real estate agents represent disclosure form... at the first scheduled face-to-face contact with the prospective buyer or prospective seller."

2. Code of Maryland Regulations (COMAR) 09.11.02.02(A): "At the first scheduled face-to-face meeting with a prospective client or customer, a licensee shall present the Maryland Real Estate Commission's 'Understanding Whom Real Estate Agents Represent' disclosure form."

3. University of Baltimore School of Law, Journal of Land and Development, Vol. 5, Issue 1 (2016), Article 4, "Maryland Real Estate Law Update": This publication discusses statutory duties of licensees, referencing the requirement under § 17-530 of the Business Occupations and Professions Article for agency disclosure at the "first scheduled face-to-face contact" to prevent misrepresentation and clarify loyalties early in the relationship (p. 62).