Under New York real estate law, which of the following arrangements would trigger dual agency requiring written informed consent from both the buyer and the seller?
Correct Answer
B) A single brokerage firm has one agent representing the seller and a different agent in the same firm representing the buyer on the same property
Under New York Real Property Law and DOS regulations, dual agency arises when the same brokerage firm represents both the buyer and the seller in the same transaction, even if different salespersons within the firm handle each party. Because both agents work under the same supervising broker, the brokerage itself represents both parties, creating an in-house dual agency that requires written informed consent from both the buyer and the seller before proceeding.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.
The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.
The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.
More Agency Relationships Disclosures Questions
What is the primary risk that New York dual agency disclosure is designed to address?
Under New York law, what is dual agency?
What document must be provided to both parties before a New York broker can act as a dual agent?
Agent Michelle meets first-time homebuyer Tony at her brokerage's office in Albany. Tony asks about the difference between condos and co-ops in the area. What must Michelle do before explaining these property types?
Which of the following most accurately describes the content required in the agency disclosure form under NY Real Property Law §443?
- → Under New York's agency disclosure law, which of the following constitutes 'first substantive contact' that would trigger the disclosure requirement?
- → Under NY Real Property Law §443, at what point must a real estate agent provide the agency disclosure form to a prospective buyer during an initial property visit?
- → A seller's agent learns that a comparable property nearby recently sold for significantly below the seller client's asking price after a deal collapsed. The seller has not yet asked about recent comparable sales. What is the agent's obligation regarding this information?
- → Under New York's Property Condition Disclosure Act, a seller who chooses not to complete and deliver a Property Condition Disclosure Statement to the buyer must do which of the following?
- → A New York licensee is acting as a dual agent and receives simultaneous offers on the listed property from two different buyers, both of whom the agent also represents. Which obligation is most specifically implicated by the dual agency relationship in this situation?
- → A seller in Utica is selling residential real property to a buyer. The seller does not wish to complete the New York Property Condition Disclosure Statement (PCDS) and asks the listing agent how the seller's obligations changed after the March 20, 2024 amendments to NY Real Property Law §§ 462 and 465. Which of the following best describes current New York law?
- → In a New York disclosed dual agency transaction, the seller asks the dual agent: 'What is the lowest price I should accept for this property?' How must the dual agent respond?
- → In New York, what happens if a broker acts as a dual agent without obtaining proper written consent from both parties?
- → In New York real estate law, what is dual agency?
- → In New York, what form of consent is required for dual agency?
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