STATE REFERENCE · BUYER AGREEMENTS
Maryland: buyer-agreement requirements.
Maryland — buyer-agreement requirements. Regulating authority: Maryland Real Estate Commission (MREC) — Maryland Dept. of Labor, Division of Occupational and Professional Licensing. Written agreement required: Yes.
This page lists what Maryland requires, at the state level, before a licensee represents a buyer: who regulates real-estate licensees, whether a written buyer agreement is required by state law or rule, the statute or rule that says so, and whether the state mandates an agency-disclosure form or publishes an approved agreement form.
It is built for broker-owners and transaction coordinators who need the state rule in one place before setting office policy. Read it alongside your brokerage's own forms and your broker of record's guidance — the written-agreement question became a national practice issue in 2024, but the rule that binds you is your state's, and it is the state rule this page cites.
Maryland, field by field.
- Regulating authority
- Maryland Real Estate Commission (MREC) — Maryland Dept. of Labor, Division of Occupational and Professional Licensing
- Written agreement required by state law
- Yes
- Statute or rule
- Md. Code, Bus. Occ. & Prof. § 17-528(e) (definition of 'buyer's agent'); Commission forms mandated by Bus. Occ. & Prof. § 17-530 and COMAR 09.11.08.01. Statute read at mgaleg.maryland.gov; regulation and forms at regs.maryland.gov and labor.maryland.gov.
- Agency disclosure form
- Yes — mandatory. Under Bus. Occ. & Prof. § 17-530 and COMAR 09.11.08.01, the model Agency Disclosure and Dual Agency Consent forms provided by the Maryland Real Estate Commission 'shall be used in all applicable real property transactions.' MREC's disclosure form is 'Understanding Whom Real Estate Agents Represent' (labor.maryland.gov/forms/mrecrearep.pdf). Disclosure is due not later than the first scheduled face-to-face contact with the buyer; if first contact is not face-to-face, the licensee must disclose through the medium in which contact occurs.
- State-approved form available
- Yes — mandatory use
Notes. Read the 'Yes' precisely, because it is definitional rather than a standalone command. § 17-528(e) defines a buyer's agent as a licensee who, 'in accordance with a written brokerage agreement, represents a prospective buyer or lessee in the acquisition of real estate for sale or for lease.' So in Maryland you cannot be a buyer's agent without a written brokerage agreement — the requirement is built into the role. We did NOT verify a separate provision fixing the deadline by which that agreement must be signed, so do not assume the answer is 'before touring' or 'before an offer'.
Where this comes from.
Cited. Md. Code, Bus. Occ. & Prof. § 17-528(e) (definition of 'buyer's agent'); Commission forms mandated by Bus. Occ. & Prof. § 17-530 and COMAR 09.11.08.01. Statute read at mgaleg.maryland.gov; regulation and forms at regs.maryland.gov and labor.maryland.gov.
Status. Verified — cited, last verified 2026-08-15. Start with the regulating authority link — it is the primary source. Then read the statute or rule cite and confirm it against the authority's current published text. The verification status below tells you exactly how far this row was checked; anything marked "not verified" is a starting point for your own confirmation, not a conclusion.
What to confirm.
Ask MREC for the operative section and the deadline: by what point must the written brokerage agreement with a buyer be signed — first face-to-face contact, before showing, or before an offer? Separately confirm you are on MREC's current model Agency Disclosure and Dual Agency Consent forms; they are the Commission's, not yours to redraft.
Maryland, answered from the row.
Who regulates real-estate licensees in Maryland?
Maryland Real Estate Commission (MREC) — Maryland Dept. of Labor, Division of Occupational and Professional Licensing
Does Maryland require a written buyer agreement by state law?
Yes
Where is the Maryland rule written?
Md. Code, Bus. Occ. & Prof. § 17-528(e) (definition of 'buyer's agent'); Commission forms mandated by Bus. Occ. & Prof. § 17-530 and COMAR 09.11.08.01. Statute read at mgaleg.maryland.gov; regulation and forms at regs.maryland.gov and labor.maryland.gov.
Does Maryland mandate an agency-disclosure form?
Yes — mandatory. Under Bus. Occ. & Prof. § 17-530 and COMAR 09.11.08.01, the model Agency Disclosure and Dual Agency Consent forms provided by the Maryland Real Estate Commission 'shall be used in all applicable real property transactions.' MREC's disclosure form is 'Understanding Whom Real Estate Agents Represent' (labor.maryland.gov/forms/mrecrearep.pdf). Disclosure is due not later than the first scheduled face-to-face contact with the buyer; if first contact is not face-to-face, the licensee must disclose through the medium in which contact occurs.
Illustrations only — not legal, tax or accounting advice. Verify your own splits, caps and fees against your independent contractor agreements, and verify any disbursement question with your closing agent and your counsel.
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