Under what condition can information be disclosed in a dual agency scenario?

In a dual agency scenario, the option stating that information can be disclosed if one party provides written instructions is accurate. This is because written consent serves as a formal agreement that specifies the terms under which information can be shared. In a dual agency arrangement, both parties are represented by the same agent, creating a complex relationship where confidentiality is critical.

In Maryland, the law emphasizes the importance of obtaining written consent from both the buyer and seller before any confidential information can be shared with the other party. This written permission ensures that both parties are fully informed and have agreed to the conditions under which their information may be disclosed.

The other options, while they might seem plausible at first glance, do not meet the legal requirements for disclosures in dual agency situations. Verbal permission lacks the necessary formality and security provided by written consent. Public agreements may not adequately protect confidentiality, as they do not require the same level of consent and assurances. Finally, an agent unilaterally deciding to disclose information because they believe it might benefit the transaction undermines the obligation of loyalty and confidentiality owed to each party. Thus, only written instructions provide the necessary protection and clarity in a dual agency context.