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Can a real estate broker represent both the seller and the buyer of the subject property?

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Can a real estate broker represent both the seller and the buyer of the subject property? | Freilich Law | Michael Freilich | freilichlaw.com | (410) 321-0040

In Maryland, the answer is yes, if certain documents are signed and certain disclosures are made. This is relatively new under Maryland law. In my view, the same broker with two different agents on both sides of the real estate transaction, representing a buyer and a seller, is an absolute conflict. There are questions of what disclosures can be made by what agent to who, what are the sanctions if the agent doesn’t make those disclosures. I believe it to be an absolute, fundamental conflict of interest, and I am opposed to it. When my sellers come in with this information, as long as I’m a buffer, sometimes I’ll consider allowing them to do it, but normally, I insist that it not be done.

Posted on March 30, 2018

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