Under New Jersey's agency disclosure regulations (N.J.A.C. 11:5-6.9), a disclosed dual agent is permitted to take certain actions on behalf of both parties. Which of the following is something a disclosed dual agent is NOT permitted to do, even after obtaining written informed consent from both parties?
Correct Answer
A) Disclose to the buyer that the seller has indicated a willingness to accept below the listed price
Even in a properly disclosed dual agency with written informed consent from both parties, a dual agent is NOT permitted to disclose to the buyer that the seller is willing to accept less than the asking price, nor disclose to the seller that the buyer is willing to pay more than the offered price. Under N.J.A.C. 11:5-6.9, these specific categories of confidential negotiating information remain protected regardless of dual agency consent. This is one of the core limitations that distinguishes a dual agent from a single agent representing one party.
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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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