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AgencyDual_agencyHARD

Under New Jersey agency regulations, which of the following is NOT a required element of a valid dual agency consent in a residential real estate transaction?

Correct Answer

D) The consent must include a reduction in the broker's commission to reflect the divided loyalty

A reduction in the broker's commission is NOT a required element of a valid dual agency consent under New Jersey law. The NJREC regulations (N.J.A.C. 11:5-6.9) specify that dual agency consent must be in writing, signed by both parties, given before the dual agency is established, and reflect informed consent — meaning both parties understand the implications. Commission amounts are negotiable between the parties but are not a legal prerequisite for valid dual agency consent. Requiring a commission reduction is a common misconception with no basis in New Jersey statute or regulation.

Answer Options
A
The consent must be in writing and signed by both the seller and the buyer
B
The consent must reflect that both parties have been informed of the implications of dual agency
C
The consent must be given before the dual agency relationship is established
D
The consent must include a reduction in the broker's commission to reflect the divided loyalty

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Related Topics & Key Terms

Key Terms:

dual_agencyconsent_requirementswritten_consentcommissionnjrec_regulations

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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