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AgencyDual_agencyEASY

Maria is a licensed New Jersey broker who listed a home for seller Tom. A few weeks later, buyer Linda contacts Maria directly and asks her to help find a home to purchase. Maria shows Linda Tom's listing, and Linda wants to make an offer. Maria explains the situation to both Tom and Linda, and both sign a written dual agency consent form. Which statement best describes the legal status of this arrangement under New Jersey law?

Correct Answer

D) The arrangement is permissible because both parties provided informed written consent to dual agency

Under New Jersey law and NJREC regulations (N.J.A.C. 11:5-6.9), dual agency is permissible when both the seller and the buyer provide informed, written consent after full disclosure of the dual agency relationship. Maria has satisfied this requirement by explaining the situation and obtaining signed consent forms from both Tom and Linda. The dual agency relationship is therefore legally valid.

Answer Options
A
The arrangement is illegal because a listing broker can never represent a buyer on the same property
B
The arrangement is illegal unless Maria transfers Linda's representation to another broker in her office
C
The arrangement is permissible only if Maria reduces her commission to reflect the conflict of interest
D
The arrangement is permissible because both parties provided informed written consent to dual agency

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Related Topics & Key Terms

Key Terms:

dual_agencywritten_consentlisting_brokerbuyer_representation

Related Concepts

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

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.

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