EstatePass
AgencyDisclosure_requirementsHARD

Broker-salesperson Angela works for Broker Frank at Premier Realty. Angela lists a property for seller Bob. Later, Angela's colleague at Premier Realty, salesperson Chris, brings his buyer client, Dana, to view the same listing. Bob and Dana both sign written consent forms agreeing to disclosed dual agency. Subsequently, Angela learns from Bob that he is willing to accept $20,000 less than the asking price. Under New Jersey dual agency disclosure rules, what must Angela do with this information?

Correct Answer

B) Keep Bob's bottom-line price confidential from Dana, even in a disclosed dual agency

Even in a disclosed dual agency relationship where both parties have given written informed consent, certain confidential information remains protected. Under New Jersey dual agency rules (N.J.A.C. 11:5-6.9), a disclosed dual agent may not disclose the seller's willingness to accept less than the asking price to the buyer, or the buyer's willingness to pay more than the offered price to the seller. Obtaining dual agency consent does not eliminate these specific confidentiality protections—it is a core limitation of what a dual agent can do.

Answer Options
A
Share Bob's bottom-line price with Dana, since dual agency consent was obtained
B
Keep Bob's bottom-line price confidential from Dana, even in a disclosed dual agency
C
Disclose Bob's bottom-line price to Broker Frank only, who will then decide whether to share it
D
Withdraw from the dual agency and refer Dana to an outside buyer's agent before proceeding

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Related Topics & Key Terms

Key Terms:

dual_agencyconfidentialitynegotiating_informationagency_disclosure

Related Concepts

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.

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

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