8 questions

New Jersey Agency Relationships

In New Jersey, the document a licensee uses to explain the types of business relationships available to a consumer is the:

  • a.Consumer Information Statement (CIS)
  • b.Property Condition Disclosure Statement
  • c.Affiliated Business Arrangement notice
  • d.Settlement Statement

New Jersey licensees must provide and review the Consumer Information Statement on New Jersey Real Estate Relationships at the first contact with a consumer. The CIS describes the roles of seller's agent, buyer's agent, disclosed dual agent, and transaction broker so the consumer can choose how to work with the licensee before sharing confidential information.

New Jersey Agency Relationships

New Jersey recognizes a working relationship in which a licensee helps a buyer and seller with a transaction without representing either as an agent. This is a:

  • a.Disclosed dual agent
  • b.Universal agent
  • c.Transaction broker
  • d.Designated subagent

New Jersey recognizes the transaction broker (transaction-broker relationship), a non-agency arrangement in which the licensee provides services to complete the transaction but does not act as the agent of, or advocate for, either party. The licensee must still be honest and disclose known material information. This differs from a disclosed dual agent, who represents both parties as clients.

New Jersey Agency Relationships

At the latest, when must a New Jersey licensee give a buyer the Consumer Information Statement?

  • a.At the signing of the contract of sale
  • b.Before the buyer applies for a mortgage
  • c.Not later than the first showing
  • d.Within 24 hours after the first showing

The statement must be delivered before the first discussion of the buyer's motivation or financial ability to purchase, and in no event later than the first showing of a property. The same timing logic applies to sellers, before discussing motivation or desired price. Cite: N.J.A.C. 11:5-6.9

New Jersey Agency Relationships

Which four business relationships does New Jersey's Consumer Information Statement describe?

  • a.Seller's agent, buyer's agent, dual agent, transaction broker
  • b.Seller's agent, buyer's agent, subagent, and designated agent
  • c.Listing agent, selling agent, dual agent, and referral agent
  • d.Seller's agent, buyer's agent, dual agent, and facilitator broker

The four relationships are seller's agent, buyer's agent, disclosed dual agent and transaction broker, and licensees must verbally inform buyers and sellers of all four before the first substantive discussion. The transaction broker, who works with a party without representing them, is the relationship candidates most often miss. Cite: N.J.A.C. 11:5-6.9

New Jersey Agency Relationships

To which transactions does the Consumer Information Statement requirement apply?

  • a.All sales of real property located in New Jersey
  • b.Residential one-to-four unit sales and most leases
  • c.Commercial leases of more than five years' term
  • d.Any transaction in which a licensed buyer's agent acts

The rule covers residential property of one to four dwelling units, vacant one-family lots, and residential leases other than short-term rentals. Commercial and industrial transactions are outside it. Cite: N.J.A.C. 11:5-6.9

New Jersey Agency Relationships

A New Jersey licensee acts as a disclosed dual agent with both parties' written consent. May the licensee be compensated by both parties?

  • a.Yes, once both parties consent in writing
  • b.Yes, if the split is stated in the contract
  • c.Yes, provided the broker keeps a record of it
  • d.No, dual compensation is barred regardless

Licensees are prohibited from receiving compensation from both a seller and a buyer for representing both in the same sales transaction, and from both a landlord and a tenant in the same rental, even when the dual agency has been fully disclosed to both parties. Disclosure cures the agency conflict, not the compensation one. Cite: N.J.A.C. 11:5-7.1

New Jersey Agency Relationships

How long is the attorney-review period in a New Jersey contract of sale prepared by a real estate licensee?

  • a.Three business days, excluding weekends and holidays
  • b.Three calendar days, including weekends and legal holidays
  • c.Five business days, excluding weekends and legal holidays
  • d.Seven calendar days from the date of the contract

The required clause counts three days from the date of delivery of the signed contract to the buyer and the seller, not counting Saturdays, Sundays or legal holidays. If no attorney disapproves within that period, the contract is legally binding as written. Cite: N.J.A.C. 11:5-6.2

New Jersey Agency Relationships

An attorney disapproves a contract during the New Jersey attorney-review period. Who must be notified for the disapproval to be effective?

  • a.Only the broker who prepared the contract form
  • b.Only the other party named in the contract
  • c.The broker or brokers and the other party
  • d.The county clerk and both parties' lawyers

The attorney must notify the broker or brokers and the other party named in the contract within the three-day period. The contract must also list the names and full addresses of everyone to whom a notice of disapproval must be sent for it to be effective. Cite: N.J.A.C. 11:5-6.2

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