Presumed Buyer Agency and Confidentiality Presumed Buyer Agency does not exist in all states, but it does exist in Maryland. In the past, prior to Presumed Buyer Agency, when a Buyer went to an Agent, that Buyer would, frequently, presume that the Agent was representing them, unless the Agent was the listing Agent for a property. However, in the past, the Agent was actually representing the Seller regardless of whether or not it was the Agent's listing. Because of this confusion, Presumed Buyer Agency was created. Now, unless the listing which is being shown is listed by the Agent or the Agent's Broker, then the Agent is presumed to be representing, in an agency relationship, that particular Buyer. A key word here is Agency. In an agency relationship, one of the fiduciary responsibil...
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