Under New Jersey agency law, a dual agent owes duties to both the seller and the buyer. Which of the following is NOT a duty that a New Jersey dual agent may fully perform for both parties simultaneously?
Correct Answer
D) Advocating aggressively for the buyer to obtain the lowest possible purchase price
Aggressive advocacy for one party — specifically, working to obtain the lowest possible price for the buyer — is NOT a duty a dual agent can fully perform for both parties simultaneously. Zealous advocacy for the buyer directly conflicts with the seller's interest in obtaining the highest possible price. In a dual agency relationship, the agent must remain neutral and cannot act as an undivided advocate for either party. This is one of the fundamental limitations of dual agency under New Jersey law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.
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.
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