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AgencyDual_agencyMEDIUM

Under New Mexico brokerage rules, a licensee who assists both the buyer and seller in the same transaction must obtain:

Correct Answer

B) Written informed consent from both parties

Under NMAC 16.61.19, when a New Mexico licensee represents or assists both parties in the same transaction, written informed consent from both the buyer and seller is required. New Mexico's brokerage framework emphasizes a transaction-facilitation model rather than traditional dual agency; however, the written informed consent requirement applies whenever a licensee's role creates a potential conflict of interest by working with both parties.

Answer Options
A
Commission approval before proceeding
B
Written informed consent from both parties
C
Only a verbal agreement from both parties
D
A court order authorizing the arrangement

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Related Topics & Key Terms

Related Topics:

designated-brokerageconflict

Key Terms:

dual agencywrittenboth

Related Concepts

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.

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

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