Most people pick an agent because a friend mentioned a name or a sign was on the lawn down the street. That can work out fine. But in New Jersey, the first real conversation with an agent now comes with paperwork that sets out who that agent works for, what they will do, and how they get paid. It is worth knowing what to ask before you sign anything.
This guide walks through how to check a license, what the state requires agents to explain, which questions are worth asking in an interview, and the signs that someone is a good fit for your move, whether you are buying in East Brunswick, selling elsewhere in Middlesex County, or moving somewhere else in New Jersey.
Start with the license
Every real estate salesperson and broker in New Jersey is licensed through the Real Estate Commission, which is part of the New Jersey Department of Banking and Insurance (DOBI). DOBI runs a free online licensee search where you can look someone up by name and see whether the license is active and which brokerage it is held with.
Take two minutes to do this. Check that:
- the license status is active,
- the brokerage listed matches the company the agent says they work with, and
- the name matches the person you are actually talking to.
The brokerage name matters because the agreement you sign is with the brokerage firm, and its policies apply to your deal.
Understand the business relationship options
New Jersey law spells out the ways a brokerage can work with you. A state law that took effect on August 1, 2024 (P.L. 2024, c.32) codified these relationships and added one. According to DOBI Bulletin 24-11, the five relationships are:
- Seller’s agent, who represents the seller.
- Buyer’s agent, who represents the buyer.
- Disclosed dual agent, where one brokerage represents both sides with the informed consent of both.
- Designated agent, the newer option, where one brokerage represents both sides but assigns one licensee in the firm to represent only the buyer and another to represent only the seller, with the informed written consent of both.
- Transaction broker, who helps both parties complete the deal without representing either one.
These options are explained in the Consumer Information Statement, a document the brokerage must give you. Bulletin 24-11 says the firm must provide it to the people it serves as soon as reasonably practical and no later than when you sign a brokerage services agreement. The required wording is set out in the state’s rules at N.J.A.C. 11:5-6.9. Note that the bulletin says the statement’s text was being updated because of the 2024 law, so ask the agent for the current version.
What this means for you: before you get attached to anyone, ask which relationship they are proposing and what it means if you end up wanting to buy a home that their own brokerage has listed.
Read the brokerage services agreement
Under the 2024 law, brokerage firms must have a signed brokerage services agreement in every residential transaction, and when working with a seller in a commercial transaction (Bulletin 24-11). For buyers, this is a change. You should expect a written agreement with the brokerage before, or soon after, it starts working on your behalf.
The bulletin also says these agreements must state that broker compensation is fully negotiable and not set by law. That is a direct quote from the requirement, and it is worth taking at face value. There is no standard fee you are obligated to accept.
When you read the agreement, look for:
- The relationship type (buyer’s agent, seller’s agent and so on).
- How long it lasts and how either side can end it early.
- How the brokerage is paid, by whom, and when.
- What happens with properties the brokerage itself has listed.
- Any area or property type limits, for example whether it covers only one town or all of New Jersey.
If anything is unclear, ask for it in plain language and in writing. If the contract is large or unusual, a New Jersey real estate attorney can review it.
Questions to ask in the interview
A good interview is a two-way conversation. You are not testing trivia; you are trying to see how the person thinks and communicates. These questions tend to tell you a lot.
About their work
- Which towns and property types have you worked in recently? Ask for specifics, such as condos in one complex or single-family homes in a certain part of town.
- Who else will be involved in my deal? Do you have an assistant or a team, and who will I actually talk to?
- How do you prefer to communicate, and how quickly do you usually respond?
For buyers
- How do you decide what to offer on a home? What information do you look at?
- How do you handle multiple-offer situations?
- What do you recommend for inspections, and how do you approach repair requests?
- Which relationship are you proposing, and what happens if I like a home your brokerage has listed?
For sellers
- How will you price my home, and can you walk me through the comparable sales you used?
- What will you do to market it, and what will I pay for?
- How will you report showing feedback and offers to me?
- What do I need to prepare before listing, such as disclosures or local certificates?
About fees and the agreement
- How are you paid, and is any part of the fee open to discussion?
- How long is the agreement, and how can I end it if it is not working?
The answers matter, but so does the style. Do they explain things clearly? Do they push you to sign right away? Do they answer the question you actually asked?
Know what the agent should and should not do
Bulletin 24-11 lists duties brokerages owe, including presenting all written offers and counteroffers in a timely way, and advising buyers and sellers to get expert advice on matters beyond the brokerage’s expertise. That last point is important. A real estate agent is not your lawyer, accountant, home inspector or lender. A good agent will tell you when to bring one in, not try to answer every legal or tax question.
For sellers, Bulletin 24-11 says the same law requires a brokerage to obtain a signed property condition disclosure statement from the seller. New Jersey’s flood risk disclosure law also added flood questions to that form, starting March 20, 2024, according to the NJ Department of Community Affairs. An agent who raises disclosures early, and suggests you ask your attorney how they apply to your sale, is doing their job.
Red flags
Be cautious if an agent:
- does not show up in the DOBI search, or the brokerage does not match,
- avoids explaining the relationship type or the agreement,
- tells you the fee is fixed by law or that you have no room to discuss it,
- promises a sale price or a winning offer before looking at the facts, or
- discourages you from talking to an attorney, inspector or lender.
A quick checklist
- Look up the license on the DOBI search.
- Ask for the Consumer Information Statement and read it.
- Ask which business relationship is proposed.
- Read the brokerage services agreement, including length, fees and how to end it.
- Interview at least one or two agents with the questions above.
- Pick the person who explains things clearly and answers what you asked.
Talk it through
If you are planning to buy a home or sell a home in New Jersey, you are welcome to ask Shweta Patil these same questions. You can learn about her background or get in touch to set up a first conversation with no obligation.
This article is general information, not legal advice. Rules change, and every transaction is different. Please consult a New Jersey real estate attorney about your situation. Shweta Patil is affiliated with Weichert Realtors, East Brunswick office. Sources checked November 6, 2026.