The rule in Maryland
In Maryland, dual agency is permitted with written informed consent using intra-company agents — it is NOT a ban state despite common misclassification.
What it’s called: dual agency via intra-company agents.
Citation: Md. Code Bus. Occ. & Prof. 17-530.1.
BindingOffers research report "Residential Real Estate: Three 50-State + DC Datasets" (September 2026) (full JSON record) · Last reviewed September 21, 2026 · Confidence: high
The required form
The conflict in a multiple-offer situation
When the listing agent also represents one of the buyers, every other buyer will wonder whether that buyer saw something they didn’t. Even with both clients’ consent, a dual agent owes confidentiality to each side and can’t use one buyer’s offer to help another.
Prior-offer disclosure: Consent-based confidentiality; intra-company agents each owe their side.
Maryland’s rule on sharing offers still applies to everyone: COMAR requires presenting all written offers; no confidentiality provision bars seller-authorized disclosure. See the Maryland disclosure rule →
Designated agency as the alternative
Maryland allows the brokerage to appoint a separate agent for each client (dual agency via intra-company agents). In a multiple-offer situation, that’s the cleaner setup: the buyer’s agent never sees the other offers, and the listing agent never advises the buyer.
Questions
Is dual agency legal in Maryland?
In Maryland, dual agency is permitted with written informed consent using intra-company agents — it is NOT a ban state despite common misclassification.
Can a dual agent disclose other offers in Maryland?
A dual agent may share one buyer’s offer terms with another only with the consent of the parties involved, and only as the state’s disclosure rule allows. The seller must also authorize any disclosure, under Maryland’s disclosure rule.
What form is required for dual agency in Maryland?
Consent for Dual Agency (COMAR 09.11.08.01).
General information, not legal advice. Confirm with your broker or your state real estate commission.