Broker-salesperson Diana works under supervising Broker Ken at XYZ Realty. Diana enters into a dual agency arrangement in a transaction. Under New Jersey law, who bears primary responsibility for ensuring that proper dual agency disclosures and written consents are obtained?
Correct Answer
D) Both Diana and Broker Ken share responsibility, with Ken bearing ultimate supervisory accountability
Under New Jersey law, while Diana as the licensee directly involved in the transaction has a personal obligation to make proper dual agency disclosures and obtain written consent, Broker Ken bears ultimate supervisory responsibility for the conduct of licensees working under him. N.J.S.A. 45:15-1 et seq. and NJREC regulations impose supervisory duties on brokers for the activities of their affiliated licensees, making both Diana and Ken accountable—with Ken carrying the overarching supervisory accountability.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.
An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.
The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.
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