In Maryland, agency exists when a licensee represents a client under a brokerage agreement. If the seller has a written listing agreement with a broker, the seller is the client.
An unrepresented buyer is considered a customer, not a client. The licensee owes customers limited duties—honesty, fair dealing, and disclosure of material facts—but does not owe fiduciary duties such as loyalty, confidentiality, or obedience.
Therefore, in this case, the seller is the only client.
[Reference: Maryland 60-Hour Principles and Practices – “Law of Agency” module; Maryland Business Occupations and Professions Article §17-530–§17-532., , , ]
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