Does an exclusive listing end automatically on its expiration date in NJ?

Yes. Expiration of the agreed term is one of the four statutory endings, and it doesn't need written confirmation ([P.L.2024, c.32, s.10](https://pub.njleg.state.nj.us/Bills/2024/PL24/32_.PDF)).

Can a seller fire their listing agent just by calling?

The seller can agree with the firm to end the relationship or give notice under the agreement, but either way, written confirmation is required for it to take effect ([s.10b](https://pub.njleg.state.nj.us/Bills/2024/PL24/32_.PDF)). The seller's other contract rights and duties still depend on the agreement.

What does a brokerage still owe a client after the agency ends?

A timely accounting for money and property it received, and, if it was an agent, continued confidentiality, unless otherwise agreed in writing ([s.10c](https://pub.njleg.state.nj.us/Bills/2024/PL24/32_.PDF)).

Does the principal's death end the agent's authority on the exam?

Under general agency law, yes, but it takes effect once the agent has notice of the death ([Restatement 3.07](https://opencasebook.org/casebooks/16481-selected-excerpts-of-restatement-of-agency-third-professor-randle-pollard/as-printable-html/)).

Why must an exclusive listing have an end date in New Jersey?

Leaving out a definite terminal date, one not subject to any qualifying conditions, is a ground for Commission discipline ([N.J.S.A. 45:15-17(f)](https://law.justia.com/codes/new-jersey/title-45/section-45-15-17/)).

How Agency Ends: Termination Questions on the NJ Real Estate Exam

The short answer: In New Jersey, an agency or transaction broker relationship lasts until the earliest of four events: the brokerage firm finishes the job, the agreed term runs out, both sides agree to end it, or one side ends it by written notice as the agreement allows (N.J.S.A. 45:15-16.95, P.L.2024, c.32, s.10). Ending it early by agreement or notice takes written confirmation. After it ends, the firm still owes an accounting and, if it was an agent, confidentiality. Exam questions may also test general agency law, such as what happens when a party dies.

PSI lists "conditions for termination of agency or brokerage service agreements" as part of the Agency section, which is 13% of the salesperson exam (PSI candidate bulletin). For the rest of that section, see agency on the NJ real estate exam.

What are the four ways NJ law says an agency relationship ends?

New Jersey wrote this into statute in 2024. The relationship continues until the earliest of these (s.10a):

How it ends	Written confirmation needed?	Plain example
1. Completion of performance by the firm	No	The house closes
2. Expiration of the agreed term	No	A listing reaches its end date unsold
3. Mutual agreement of the parties	Yes	Seller and firm both agree to cancel
4. Written notice from either party, as the agreement provides	Yes	A buyer sends notice under the agreement's termination clause

The writing rule comes from s.10b: endings 3 and 4 don't take effect without written confirmation, while 1 and 2 happen on their own.

One catch the exam likes: a termination "does not otherwise affect the contractual rights of either party" (s.10a(4)). Ending the relationship doesn't erase what the contract already says, such as compensation terms. Whether a particular clause still applies is a question for an attorney.

What duties survive after the agency ends?

Unless the parties agreed otherwise in writing, the firm owes no further duties after termination except two (s.10c):

Accounting. It must account to its principal, in a timely way, for all money and property received from or for any party to the deal.
Confidentiality, if there was an agency relationship. The firm can't disclose confidential information unless a subpoena, court order or other law requires it, or the party expressly authorizes it.

Here's a good way to remember it: loyalty ends, but the duties to account and keep secrets stay. A transaction broker has no agency relationship, so the confidentiality piece is tied to agency.

Is ending a disclosed dual agency different?

Yes. If the firm was a disclosed dual agent, then apart from expiration or a completed closing, the agreement with a buyer or seller can only be ended "in writing signed by the buyer or seller, as applicable, with confirmed delivery to the disclosed dual agent" (s.10d). Our guide to disclosed dual agency in NJ explains how that relationship starts.

How does a listing's end date fit in?

The statute's second ending, expiration, only works if there's a date. New Jersey's license law lets the Commission discipline a licensee who fails to give the client a fully executed copy of a sale or exclusive sales or rental listing contract when it's signed, or fails to include "a definite terminal date which terminal date shall not be subject to any qualifying terms or conditions" (N.J.S.A. 45:15-17(f)). So expect questions where the right answer is "the listing ended on its termination date." For how the listing types differ, see exclusive right to sell, exclusive agency and open listings. For buyer agreements, see written buyer agreements in NJ.

What about death, incapacity and other events?

These come from general agency law, not the 2024 NJ statute. The Restatement (Third) of Agency, a widely used summary of agency law, says actual authority can end by (Restatement 3.06–3.10):

Death of the agent (ends authority right away).
Death of the principal, effective once the agent has notice of it.
The principal's loss of capacity, effective once the agent has notice it's permanent or a court has ruled. A written instrument, such as a durable power of attorney, can keep authority in place.
Revocation by the principal or renunciation by the agent, effective when the other side has notice.
Circumstances specified by statute.

Your course textbook may group some of these as termination "by operation of law." Learn the version your course teaches, and use the NJ statute for the four contractual endings.

Does the agency end if the agent leaves the firm?

Not by itself. The 2024 law defines an agency relationship as one between a brokerage firm and a principal, and it defines the firm to include the licensees affiliated with it (s.1). An agent's departure isn't one of the four listed endings. How a firm handles listings and pending deals when a salesperson leaves is governed by its agreements, so ask your broker. If the broker closes or loses their license, see what happens to your license if your broker closes.

Can you answer these four practice questions?

A seller's exclusive listing reaches its end date with no buyer. Does the seller need to sign anything to end the agency? Answer: No. Expiration of the term ends it without written confirmation (s.10b).
A buyer and her agent agree on the phone to part ways. Is it over? Answer: Not until there's written confirmation of the mutual termination (s.10b).
After a listing ends, can the listing firm tell a new buyer the seller's lowest price? Answer: No. Confidentiality survives an agency relationship (s.10c(2)).
The principal dies, but the agent doesn't know yet. Under the Restatement, when does authority end? Answer: When the agent has notice of the death (3.07(2)).

For more drills, try the practice exams course, and how to use practice exams explains how to review your misses.

Getting ready for the exam? Business Elementary teaches the 75-hour pre-licensing course live online.

Sources

P.L.2024, c.32 (C.45:15-16.86 et seq.), section 1 (definitions) and section 10 (C.45:15-16.95, termination): https://pub.njleg.state.nj.us/Bills/2024/PL24/32_.PDF
PSI, NJ Candidate Information Bulletin (updated 2/1/2026), Agency outline: https://test-takers.psiexams.com/api/content/bulletin/1667
N.J.S.A. 45:15-17(f) via Justia: https://law.justia.com/codes/new-jersey/title-45/section-45-15-17/
Restatement (Third) of Agency, sections 3.06–3.10 (excerpts via Open Casebook): https://opencasebook.org/casebooks/16481-selected-excerpts-of-restatement-of-agency-third-professor-randle-pollard/as-printable-html/

Last reviewed: November 9, 2026