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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.

Answer Options
A
James may enter the listing in his own name only if Sandra provides written authorization
B
James may list the property independently as long as he discloses his broker-salesperson status to Mr. Patel
C
James may enter into the listing agreement in his own name since he holds a broker's license
D
The listing agreement must be in the name of Coastal NJ Realty, the licensed brokerage, not in James's personal name

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Related Topics & Key Terms

Key Terms:

broker_salespersonlisting_agreementbrokerage_namesupervisionnj_unique_structure

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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