Real estate licensees in Maryland are required to discuss and disclose to a prospective client the possible agency relationships that could occur during the course of a transaction.  Following the presentation by the realtor, the prospective client is expected, within a reasonable period of time, (but before any negotiations or a contract is written), to affirm the agency relationship they would accept.
      The possible agency relationships are: Seller's agent, Buyer's agent, Cooperating agent, Presumed Buyer's agent and Dual Agency.

A Seller's Agent works 100% for the Seller by Contract. If an Issue, a Question, or a point of Negotiation should arise at any point following the development of a Seller's Agency relationship, the Realtor assumes the nature and the response of the Seller.

A Buyer's Agent works 100% for the Buyer by Contract. If an Issue, a Question, or a point of Negotiation should arise at any point following the development of a Buyer's Agency relationship, the Realtor assumes the nature and the response of the Buyer.

A Cooperating Agent is a Realtor associated with a company other than the company that listed the property who assists a person with whom she does not have a contract to view the property with the intention of writing a contract of sale.  The cooperating agent works for the Seller by assisting the listing agent in selling the property.  She does not negotiate nor consider modifying the terms of the listing. By law she is required to confirm her agency position with the prospective buyer prior to entering the property.

When a presumed Buyer chooses not to sign a Buyer's agency contract with the realtor, yet elects to have the realtor assist him in finding a property, that Buyer may request that the realtor remain as a Presumed Buyer's Agent. As a Presumed Buyer's Agent, that realtor cannot negotiate and cannot write a contract for that Buyer.  However, by Maryland law that Presumed Buyer is a Client of the Realtor. Prior to any negotiation or contract writing the Presumed Buyer must request that the assisting Realtor assume a specific agency relationship (Buyer's Agent or Seller's Agent) with him. 

In Maryland, whenever a particular real estate brokerage has a contracual arrangement with both a Buyer and a Seller, it is presumed that a conflict of interest could possibly exist.  Therefore, Maryland law places, the Broker of Record of the company to be the neutral party, or Dual Agent between the parties. Such a Dual Agency position cannot be conferred upon anyone else except the managers of local offices of the company.