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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
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