45:15-16.91 Seller's agent duties, exceptions.
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/nj/title-45/chapter-15/45-15-16-91·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
6. a. In addition to the duties provided for under current law, the duties of a seller's agent shall include the following, which may not be waived, except as expressly set forth in paragraphs
(4)and
(5)of this subsection:
(1)to be loyal to the seller by taking no action that is adverse or detrimental to the seller's interest in a transaction and to exercise primary devotion to the seller's interests;
(2)to timely disclose to the seller any actual or potential conflicts of interest which the seller's agent may reasonably anticipate;
(3)to advise the seller to seek expert advice on matters relating to the transaction that are beyond the agent's expertise;
(4)not to disclose any confidential information from or about the seller, except under subpoena, court order, or otherwise as provided by law or as expressly authorized by the seller, even after termination of the agency relationship;
(5)unless otherwise agreed to in writing, to make a good-faith and continuous effort to find a buyer for the property, except that a seller's agent is not obligated to seek additional offers to purchase the property while the property is subject to an existing contract for sale that is no longer subject to the attorney-review period, if applicable; and
(6)any additional duties that are agreed to in writing signed by a seller's agent or other authorized representative of the brokerage firm.
b.
(1)The showing of properties not owned by the seller to prospective buyers or the listing of competing properties for sale by a seller's agent does not breach the duty of loyalty to the seller or create a conflict of interest.
(2)The representation of or acting as a transaction broker with more than one seller by a brokerage firm, including different brokers, broker-salespersons, or salespersons affiliated with the brokerage firm, in competing transactions involving the same buyer does not breach the duty of loyalty to the seller or create a conflict of interest.
L.2024, c.32, s.6.