Without a buyer agency agreement, which party does the agent assisting the buyer represent?

The correct answer is that without a buyer agency agreement, the agent assisting the buyer represents the seller. This scenario operates under the principle of agency, which establishes the relationship between an agent and their client. When there is no formal agreement establishing the agent's allegiance to the buyer, the default relationship may be that of a sub-agent to the seller, primarily if the agent is working for a brokerage that has an established listing agreement with the seller.

In these situations, the agent primarily owes their duties to the seller, which includes promoting the seller's interests, disclosing material facts, and negotiating on behalf of the seller. This means that the agent must prioritize the seller's best interests over those of the buyer. Thus, the buyer would not be represented by the agent in this arrangement, which can lead to potential misunderstandings about each party's obligations and advocacy during the transaction.

Understanding this dynamic is crucial in Maryland real estate practices, where clear agency relationships are emphasized for ethical conduct and to ensure that all parties are aware of who represents their interests.