Required Disclosure · N.J.A.C. 11:5-6.4

Consumer Information
Statement on Agency

New Jersey Real Estate Commission · Agency Relationship Disclosure

Important Notice: This Consumer Information Statement is provided by The JK Realty Group as required by New Jersey law (N.J.A.C. 11:5-6.4). You are entitled to this disclosure before substantive discussion of real estate. Please read it carefully and ask any questions before proceeding.

What is Agency?

When you work with a real estate licensee in New Jersey, that licensee may represent you, the other party, or both parties in a transaction. The nature of that representation is called an "agency relationship." New Jersey law requires that all real estate licensees disclose these relationships to consumers.

This statement describes the types of agency relationships available in New Jersey real estate transactions so that you can make an informed decision about the type of relationship you wish to have with a real estate licensee.

Types of Agency Relationships in New Jersey

Seller Agency (Listing Agent)

A seller's agent represents the seller exclusively. The seller's agent owes the seller the duties of loyalty, confidentiality, disclosure, obedience, and reasonable care. A seller's agent must disclose all known information that may affect the seller's ability to obtain the best price and terms. If you are a buyer working with a seller's agent, that agent does NOT represent your interests.

Buyer Agency

A buyer's agent represents the buyer exclusively. The buyer's agent owes the buyer the duties of loyalty, confidentiality, disclosure, obedience, and reasonable care. A buyer's agent negotiates on the buyer's behalf and must protect the buyer's interests throughout the transaction. A buyer's agent must not disclose information that could harm the buyer's negotiating position without the buyer's authorization.

Disclosed Dual Agency

Disclosed dual agency occurs when a single broker represents both the buyer and the seller in the same transaction. Dual agency is permitted in New Jersey only with the informed written consent of all parties. In a dual agency situation:

The agent cannot act exclusively in either party's interest
The agent cannot disclose confidential information from one party to the other
Neither party will receive undivided loyalty
Both parties may still negotiate price and terms

Authorized under N.J.A.C. 11:5-6.4(f). Written consent required from all parties prior to representation.

Designated Agency

Designated agency occurs when a brokerage firm representing both the buyer and the seller as a disclosed dual agent, with the informed written consent of both parties, designates separate individual agents within the firm: one to represent the seller and one to represent the buyer. Each designated agent represents the interests of their own client and advocates on that client's behalf in negotiations. A designated agent owes their client the same duties as a seller's agent or buyer's agent. The brokerage firm itself remains a disclosed dual agent of both parties and cannot provide undivided loyalty to either party.

Transaction Brokerage (Non-Agency)

A transaction broker assists both parties in completing the transaction but does not represent either party as an agent. A transaction broker owes the duties of honesty, reasonable care, and disclosure of known material defects. A transaction broker does not owe fiduciary duties to either party.

Your Rights as a New Jersey Real Estate Consumer

You have the right to be represented by a licensed real estate agent of your choosing
You have the right to choose the type of agency relationship that best serves your interests
You have the right to know who your agent represents before sharing confidential information
You have the right to negotiate the terms of any agency agreement, including compensation
You have the right to terminate an agency relationship in accordance with your agreement
You have the right to file a complaint with the New Jersey Real Estate Commission if you believe a licensee has violated New Jersey law

Compensation and Commission Disclosure

Real estate compensation in New Jersey is fully negotiable and is not set or established by the New Jersey Real Estate Commission, the New Jersey Realtors®, or any real estate organization. The commission or fee paid to a broker is determined by agreement between the broker and the client.

Buyers and sellers should understand that in many transactions, the seller has agreed to pay a cooperating buyer's broker compensation as part of the listing agreement. This arrangement is disclosed in the MLS. However, all compensation terms are subject to negotiation between the parties and their respective brokers.

Material Fact Disclosure

New Jersey real estate licensees are required to disclose all known material facts that could affect the value or desirability of a property. This obligation exists regardless of which party the licensee represents. A material fact is any information that a reasonable person would consider important in making a real estate decision.

Sellers are separately required to disclose known material defects that could affect the value or safety of the property. The duty to disclose does not require disclosure of information the licensee does not know.

Contact the New Jersey Real Estate Commission

If you have questions about agency relationships or wish to file a complaint against a New Jersey real estate licensee, contact:

New Jersey Real Estate Commission

New Jersey Department of Banking and Insurance
Real Estate Commission
PO Box 328
Trenton, NJ 08625-0328
Phone: (609) 292-7272
www.njconsumeraffairs.gov/rec

About The JK Realty Group

The JK Realty Group is a licensed New Jersey and Pennsylvania real estate team brokered with OMNI Real Estate Professionals. John Kelly, Broker, holds NJ License #0675210 and PA License #RM425821. Justin Kelly, Broker-Associate, holds NJ License #1540232. Doug Ziegler, Salesperson, holds NJ License #1004113. Brokered with OMNI Real Estate Professionals, NJ License #1866027 / PA License #RB069294, 140 Bridgeton Pike, Mantua, NJ 08051.

This Consumer Information Statement is provided pursuant to N.J.A.C. 11:5-6.4. Last reviewed: 2026. The JK Realty Group is not a law firm and this statement does not constitute legal advice. Consult a qualified New Jersey real estate attorney for legal guidance specific to your transaction.