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Under RSA 331-A:25-b, which of the following statements about disclosed dual agency in New Hampshire is NOT accurate?

Correct Answer

C) Disclosed dual agency automatically arises whenever a licensee shows a listed property to an unrepresented buyer

The statement that disclosed dual agency automatically arises whenever a licensee shows a property to an unrepresented buyer is NOT accurate. Dual agency does not arise automatically from showing a property. Under RSA 331-A:25-b, disclosed dual agency requires affirmative written informed consent from both parties. A seller's agent who shows a property to an unrepresented buyer remains the seller's agent unless a dual agency agreement is properly established with written consent.

Answer Options
A
Disclosed dual agency requires written informed consent from both the buyer and the seller
B
A disclosed dual agent may not disclose one party's confidential negotiating position to the other party
C
Disclosed dual agency automatically arises whenever a licensee shows a listed property to an unrepresented buyer
D
The state-approved Agency Disclosure Form must be used to document the dual agency relationship

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Related Topics & Key Terms

Key Terms:

disclosed_dual_agentdual_agencywritten_consentreverse_questionrsa_331_a_25_b

Related Concepts

In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.

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