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Jennifer, a licensed NH salesperson at White Mountain Realty, has been working with buyer clients David and Karen for several weeks, showing them homes throughout Carroll County. The couple decides they want to make an offer on a home that is listed by Jennifer's own brokerage. Jennifer's broker, who is also the listing agent, wants Jennifer to represent both the buyers and the seller in this transaction. Under NH law, which of the following is required for this arrangement to be lawful?

Correct Answer

A) Jennifer must obtain written informed consent from both the buyers and the seller to act as a disclosed dual agent

Under RSA 331-A:25-b, disclosed dual agency in New Hampshire requires the written informed consent of both the buyer and the seller before the dual agency relationship is established. Both parties must understand that the agent will be representing their interests simultaneously and agree to this arrangement in writing.

Answer Options
A
Jennifer must obtain written informed consent from both the buyers and the seller to act as a disclosed dual agent
B
Jennifer must have her broker assume full representation of the seller while she continues as the buyer's agent
C
Jennifer may proceed as a dual agent without disclosure because both parties are already working with the same brokerage
D
Jennifer must withdraw from representing the buyers and refer them to an outside brokerage

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Related Topics & Key Terms

Key Terms:

dual_agencydisclosed_dual_agentwritten_consentrsa_331_a_25_bin_house_transaction

Related Concepts

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

A non-agency relationship where the broker facilitates a real estate transaction without representing either party, owing limited duties of honesty, fairness, and competence to both.

The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.

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