Can the disclosure be signed electronically?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided intent, consent, attribution, and retention are demonstrable.

When must I provide the disclosure?

Provide the disclosure at the first substantive contact or before offering specific advice; obtaining client acknowledgement in writing helps establish when duties began.

What if a client refuses to sign?

Document the refusal in writing, note the date and circumstances, and proceed carefully: continued advice without a signed disclosure can create ambiguity about representation and increase liability risk.

Is notarization required for this disclosure?

Most broker disclosures do not require notarization. Check state rules for exceptions, but standard practice is to obtain signatures and retain an audit trail rather than notarization.

How long should I keep signed disclosures?

Retain disclosures for at least the active term plus several years in accordance with brokerage policy and applicable laws; federal guidance and industry rules often require three to seven years.

Who has authority to sign on behalf of a brokerage?

Authorized signers include the licensed broker of record or delegated agents according to brokerage policy; ensure the signer’s authority is documented to avoid disputes over validity.

Electronic Signature
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Brokers Relationship Disclosure Act

Brokers Relationship Disclosure Act

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

Overview: What the Brokers Relationship Disclosure Act Covers

The Brokers Relationship Disclosure Act is a written disclosure used in real estate transactions to clarify the role, duties, and compensation relationships between brokers, agents, and clients. It explains whether a licensee represents the buyer, seller, or both, and identifies any dual agency, subagency, or transaction-broker arrangements. The disclosure establishes consent and informed expectations early in the transaction and creates a record the brokerage retains. Proper completion reduces disputes about representation and supports regulatory compliance and internal audit trails.

Why this disclosure matters for brokers and clients

A clear, timely disclosure protects consumers and brokers by documenting representation, duties, and compensation expectations.

Who completes and receives this disclosure

The disclosure is completed by the listing or buyer broker and provided to prospective clients at first substantive contact.

Real estate licensees and brokerages: document agency status and compensation terms in transactions.
Home buyers and sellers: receive a clear statement of who the agent represents and their duties.
Compliance officers and auditors: use completed forms to verify regulatory and internal policy adherence.

Step-by-step: completing and delivering the disclosure

Follow these sequential actions to prepare, obtain signatures, and retain the disclosure correctly.

01

Prepare Form: Populate all required fields and verify license details.
02

Explain Roles: Verbally confirm agency type and duties with the client.
03

Obtain Consent: Secure signature and date from all parties before advice is given.
04

Store Copy: Save the signed copy in the transaction file and provide client copy.

How to set up an online disclosure workflow

Configure a repeatable digital workflow to ensure consistent delivery, signature collection, and storage.

Field \| Configuration	Action \| Value
Authentication	Email link or SMS code for signer verification
Template	Create reusable template with mandatory fields
Conditional Logic	Show dual-agency text only when applicable
Storage	Automate saving to transaction folder and backups

Where to deliver and retain the signed disclosure

Deliver the completed disclosure to each client, retain a copy in the brokerage file, and track delivery and receipt.

Provide to Client: Give signed copy at first substantive contact or when representation begins
Brokerage File: Keep original in the transaction file for compliance and audits
MLS or Transaction System: Upload where required by brokerage or MLS rules
Email Backup: Send a dated PDF copy to client and retain audit trail

Digital delivery and signing: technical considerations

Use a platform that supports secure eSignature, audit trails, and document retention to meet legal and audit requirements.

Supported Formats: PDF and DOCX
Authentication Options: Email, SMS code, KBA
Integrations: CRM and cloud storage connectivity

Essential elements to include in a professional disclosure

A complete Brokers Relationship Disclosure Act form contains clear, signed statements about parties, duties, compensation, and timing. The sections below describe each required element and why it matters.

Identifying Parties

List the broker, brokerage, and client full legal names and contact details so responsibilities and communications are unambiguous.

License Information

Record broker and agent license numbers to allow quick verification against state licensing records and to support regulatory inquiries.

Agency Relationship

State whether the licensee represents buyer, seller, both, or acts as a transaction broker and describe the duties owed to each party.

Compensation Disclosure

Describe commissions, fee splits, or third-party payments so clients understand potential conflicts and financial incentives.

Acknowledgment and Consent

Provide signature blocks for client acknowledgement of the disclosure and any required informed consent for dual agency or limited representation.

Effective Date

Specify the date the disclosure takes effect; this date anchors duties, confidentiality obligations, and timing for counsel rights.

Required factual items and security-related entries

Broker Identity: Full legal name

License Number: State-issued license

Client Identity: Full legal name

Disclosure Date: MM/DD/YYYY

Signature Evidence: Signed and dated

Audit Trail: Timestamp and IP

Risks and potential consequences of incorrect disclosures

Licensing Action: State disciplinary sanctions possible

Civil Liability: Damages from misrepresentation

Contract Challenges: Enforceability disputes may arise

Commission Disputes: Payment claims and litigation

Regulatory Fines: Local penalties where applicable

Reputational Risk: Client trust erosion

Common mistakes to avoid when completing the disclosure

Failing to obtain the client’s signature before giving advice, which can create ambiguity about when duties began and increase liability.
Entering an incorrect license number or broker name, which can trigger regulatory questions or disrupt commission processing.
Using vague agency language that fails to disclose dual representation or compensation arrangements, increasing the risk of dispute.
Not retaining a dated copy in the transaction file or failing to capture an audit trail for electronic signatures.

When to deliver the disclosure and timing expectations

Timely delivery is essential; the disclosure should be presented at the earliest substantive contact and confirmed in writing before advice or negotiation.

Initial Contact Timing:

Present at first substantive meeting or contact

Prior to Advice:

Provide before offering specific market advice

Signature Timing:

Obtain signature and date at first meeting

Client Copy:

Give client a copy immediately after signing

Recordkeeping:

Store signed form in the transaction file

Typical eSignature vendor pricing and feature snapshot

Comparing common vendor entry points and key features can inform platform selection for distributing and signing broker disclosures.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	No free trial	No free trial	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Practical examples from real users

These short cases show how brokerages and agents use electronic disclosures in everyday workflows.

Martin Properties

A small brokerage moved disclosures online to speed closings and reduce in-person meetings.

Mobile signing on site reduced turnaround time.
The founder reported processing and executing documents online with consistent compliance and security, enabling more efficient client transactions and fewer missed signatures.

Fertility Centers of Illinois

A healthcare-adjacent practice coordinated disclosures with patient consent forms.

Integrated secure signing and storage.
The director said integrated workflows gave the team flexibility to collect signatures in required formats while maintaining audit trails and compliance controls.

Frequently asked questions about using and enforcing the disclosure

Practical answers to common questions about timing, electronic signatures, retention, and what to do if a client refuses to sign.

Need help? Contact support

Can the disclosure be signed electronically?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided intent, consent, attribution, and retention are demonstrable.
When must I provide the disclosure?
Provide the disclosure at the first substantive contact or before offering specific advice; obtaining client acknowledgement in writing helps establish when duties began.
What if a client refuses to sign?
Document the refusal in writing, note the date and circumstances, and proceed carefully: continued advice without a signed disclosure can create ambiguity about representation and increase liability risk.
Is notarization required for this disclosure?
Most broker disclosures do not require notarization. Check state rules for exceptions, but standard practice is to obtain signatures and retain an audit trail rather than notarization.
How long should I keep signed disclosures?
Retain disclosures for at least the active term plus several years in accordance with brokerage policy and applicable laws; federal guidance and industry rules often require three to seven years.
Who has authority to sign on behalf of a brokerage?
Authorized signers include the licensed broker of record or delegated agents according to brokerage policy; ensure the signer’s authority is documented to avoid disputes over validity.

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