Broker-salesperson James works at Coastal NJ Realty under Principal Broker Sandra. A seller, Mr. Patel, wants to list his property exclusively with James and insists that his listing agreement name James personally as the listing broker. Mr. Patel believes this will ensure James handles the transaction without any firm involvement. Under New Jersey law, which of the following is correct?
Correct Answer
D) The listing agreement must be in the name of Coastal NJ Realty, the licensed brokerage, not in James's personal name
Under New Jersey law, all listing agreements and real estate contracts must be entered into in the name of the licensed brokerage firm, not in the name of an individual salesperson or broker-salesperson. James, as a broker-salesperson affiliated with Coastal NJ Realty, acts on behalf of the brokerage. The brokerage — not James individually — is the legal party to the listing agreement. This rule applies regardless of the client's preference.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.
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