What Dual Agency Means in Most States — and Why Maryland Is Different
In many states, dual agency means exactly what it sounds like: one agent representing both the buyer and the seller in the same transaction. Most real estate professionals and consumer advocates consider this a significant conflict of interest — an agent who owes a fiduciary duty to two parties with competing interests can't fully serve either one.
Maryland takes a stricter view. Because a Maryland agency agreement creates a fiduciary relationship — meaning the agent is legally required to put their client's interests above all others — true dual agency as it exists in other states isn't permitted. You can't fully represent two people whose interests are in direct conflict.
So when you hear "dual agency" in Maryland, it means something different: two agents involved in a transaction who both work for the same broker or the same team.
Client vs. Customer — an Important Distinction
To understand how Maryland handles these situations, it helps to understand the difference between a client and a customer.
Full Fiduciary Duty
You have signed an agency agreement. Your agent is legally required to put your interests first — in negotiation, in advice, and in every recommendation they make.
Ministerial Service Only
You have not signed an agency agreement with this agent. They can assist with paperwork and logistics, but they cannot advise you on price, strategy, or terms. You are on your own for decisions.
This distinction is what makes Maryland's system work — and it's the foundation for understanding how same-brokerage situations and ministerial acts actually function.
Same Brokerage, Different Agents
When a buyer and seller in the same transaction are each represented by different agents who both work for the same brokerage or team, Maryland requires disclosure. Both parties sign an addendum acknowledging that their agents share the same broker — because it could create the appearance of, or in some cases an actual risk of, the agents coordinating in ways that don't serve their individual clients.
This isn't automatically a problem. A large brokerage may have dozens of agents who have never met each other. A tight-knit team, on the other hand, works closely together every day — which can mean either better coordination for everyone involved, or closer alignment than a truly independent buyer's agent would have.
The disclosure requirement exists so that you know the situation going in. What you do with that information is up to you.
Some brokerages are very large, and you can end up represented by someone in the same brokerage who you've never met and who has no real relationship with your agent. Size alone doesn't resolve the conflict — and it doesn't create one either. It depends on the people involved.
Ministerial Acts: The Middle Ground That Can Work in Your Favor
Ministerial acts are a specific power granted through the agency agreement that allows an agent to perform certain tasks on behalf of a customer — not a client. In practice, it means a listing agent can fill out, prepare, or submit an offer on behalf of a buyer without formally representing that buyer as their agent.
The important limitations: the agent cannot give advice. They can ask what you'd like to offer and put it in writing. They cannot tell you whether to offer more or less. They are handling the mechanics of the transaction, not advocating for your position.
When this happens, the buyer must sign a "Who An Agent Represents" addendum so there's no ambiguity about who represents whom.
When does this actually help someone? Consider a competitive offer situation: a buyer's agent, trying to make their client's offer stand out against competing bids, offers to let the listing agent handle the transaction as a ministerial act. This can allow the seller to save on commission, or the listing agent to earn more — either way, it gives that offer a financial advantage in the seller's eyes that has nothing to do with price. It's a legitimate strategy, as long as everyone understands the arrangement and agrees to it upfront.
It can also simplify a transaction when a buyer genuinely doesn't need advocacy — they've already done their research, they know what they want to pay, and they'd rather move quickly than wait for their own agent to get involved.
The Right Question to Ask Yourself
Whether you're navigating a same-brokerage situation or a ministerial acts scenario, the underlying question is the same: do you believe the people involved are working in your best interest?
That's not a procedural question — it's a judgment call about integrity and track record. Look at who the agents are, how they operate, and what their history looks like. Ask directly: whose interest are you representing in this transaction, and what are the limits of that representation?
These situations aren't inherently good or bad. They're situations that require you to be informed. The disclosure documents exist for a reason — read them, ask questions about anything that isn't clear, and make sure you understand exactly what relationship each agent in the transaction has to you before you sign anything.
