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AgencyTerminationEASY

A New Jersey salesperson has been working under a listing agreement with a seller for four months. The seller unexpectedly passes away before the property is sold. Under New Jersey agency law, what is the effect on the listing agreement?

Correct Answer

A) The listing agreement automatically terminates upon the death of the seller.

Under New Jersey agency law, consistent with general common law principles applied in NJ, the death of a principal (the seller) automatically terminates the agency relationship. Because the listing agreement creates an agency, the seller's death extinguishes the agent's authority to act on behalf of the principal. The salesperson's authority to market or sell the property ceases immediately upon the seller's death, and any subsequent actions would require authorization from the estate's legal representative through a new or ratified agreement.

Answer Options
A
The listing agreement automatically terminates upon the death of the seller.
B
The listing agreement transfers to the seller's estate and remains fully enforceable.
C
The listing agreement continues until the original expiration date as written.
D
The listing agreement is suspended for 30 days pending probate court approval.

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Related Topics & Key Terms

Key Terms:

agency_terminationdeath_of_principallisting_agreementnj_agency_law

Related Concepts

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.

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.

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