What triggers the disclosure requirement

Provide the disclosure whenever a recommendation or referral could be influenced by compensation, or when specific federal or state rules require notice prior to transaction completion.

Can the consumer e-sign this disclosure

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and retention are documented.

Which signature methods are acceptable

Acceptable methods include typed names with an audit trail, drawn signatures on touch devices, or PKI-based digital signatures where higher assurance or regulatory standards are required.

How to correct a completed disclosure

Issue an amended disclosure, obtain a fresh acknowledgment, and retain both versions with a clear audit trail showing the correction and reason for change.

Who may sign on behalf of a consumer

An authorized agent or legal representative may sign if they have documented authority; retain proof of that authority such as a power of attorney.

How long must records be kept

Retention depends on applicable law: follow IRS, HIPAA, and industry rules; many records should be retained three to seven years or longer for regulated sectors.

Electronic Signature
Templates
Legal
Legal Anti-Steering Disclosure

Legal Anti-Steering Disclosure

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

LEGAL ANTI-STEERING DISCLOSURE

This Legal Anti-Steering Disclosure (the "Disclosure") is entered into as of by and between Loan Originator: , License/NMLS No.: , principal address: (hereinafter "Loan Originator"), and Borrower: , property address: (hereinafter "Borrower").

RECITALS

WHEREAS, Borrower has submitted an application or inquiry for residential financing and Loan Originator has communicated one or more loan products and terms to Borrower; and

WHEREAS, regulatory and contractual requirements prohibit the Loan Originator from directing, incentivizing, or otherwise steering Borrower toward a particular loan product or provider where such conduct is not in Borrower's interest; and

WHEREAS, the parties desire to memorialize disclosures, representations, and agreed procedures to ensure that Borrower receives fair, accurate and complete information concerning loan options and any compensation to Loan Originator associated with those options.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows:

1. DEFINITIONS

For the purposes of this Disclosure, the following terms shall have the meanings set forth below:

"Steering" means any action, recommendation, omission, or incentive that causes Borrower to select a loan product or provider that is not reasonably expected to be in Borrower's interest in light of disclosed alternatives and Borrower's stated objectives.

"Compensation" means any direct or indirect payment, fee, rebate, yield spread, or other economic benefit paid to, or for the benefit of, Loan Originator, including payments from third parties or affiliates.

2. ANTI-STEERING OBLIGATIONS

Loan Originator shall not engage in Steering. Loan Originator represents and warrants that all recommendations of loan products or providers to Borrower shall be based on a reasonable assessment of Borrower's stated preferences, needs and financial circumstances, and shall include consideration of rate, total cost, loan term, prepayment penalties, and other material terms. Loan Originator shall disclose material differences among reasonably available options that would be expected to affect Borrower's decision.

3. COMPENSATION DISCLOSURE

Loan Originator shall disclose to Borrower any Compensation that is payable in connection with arrangements described in this Disclosure. The disclosure shall include the estimated amount, the source, and whether the Compensation is paid by Borrower, lender, affiliate, or a third party.

Estimated total compensation to Loan Originator Compensation paid by (check all that apply)

Borrower Lender Affiliate Third Party

If any Affiliate or Third-Party Compensation applies, describe the source and nature

4. ALTERNATIVES AND BASIS FOR RECOMMENDATION

Loan Originator shall identify and present to Borrower, contemporaneously with any recommendation, the material differences among reasonably available loan products considered and shall disclose the material basis for any recommendation, including the comparative cost and risk factors.

Loan products considered and material differences (summary) Basis for recommendation provided to Borrower

5. CONFLICTS OF INTEREST; INCENTIVES

Loan Originator represents that it has disclosed any conflicts of interest or compensation-based incentives that could reasonably be expected to affect the recommendation. Such disclosures shall include quotas, bonuses, tiered compensation, or other incentives offered by lenders or affiliates.

Does Loan Originator receive incentive compensation or operate under quota/bonus arrangements that could influence recommendations? Yes No

If yes, describe the nature of incentives

6. BORROWER ACKNOWLEDGMENT

Borrower acknowledges receipt of the disclosures required by this Disclosure. Borrower further acknowledges that Loan Originator has explained the material differences among reasonably available loan products and has identified any Compensation associated with the recommended product.

Borrower further acknowledges that Borrower had the opportunity to ask questions, receive clarifications, and request additional loan product comparisons prior to acceptance of any loan product.

7. CERTIFICATIONS BY LOAN ORIGINATOR

By signing below, Loan Originator certifies under penalty of perjury that: (a) the disclosures contained herein are true and complete to the best of Loan Originator's knowledge; (b) Loan Originator has not engaged in Steering; and (c) the basis for any recommendation is set forth in this Disclosure.

8. REMEDIES

If Borrower reasonably determines that Steering occurred or that required disclosures were materially incomplete or inaccurate, Borrower may pursue available remedies at law or in equity, including but not limited to injunctive relief, rescission when available under applicable law, and recovery of damages. Loan Originator agrees to cooperate in any reasonable investigation and to provide documentation supporting the loan recommendation and compensation disclosures.

9. NOTICES

Notices to Loan Originator (address for service) Notices to Borrower (address for service)

10. AMENDMENTS; WAIVER; COUNTERPARTS

This Disclosure may be amended only by a writing signed by both parties. No waiver of any provision shall be effective unless made in writing and signed by the party against whom enforcement is sought. This Disclosure may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument.

11. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Disclosure shall be governed by and construed in accordance with the substantive laws of the state in which the subject property is located, without regard to its conflict of law rules. This Disclosure constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior oral or written statements and agreements. If any provision of this Disclosure is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

12. ADDITIONAL REPRESENTATIONS

Other material disclosures or representations (if any)

Loan Originator:

By:

Date:

Borrower:

By:

Date:

What the Legal Anti-Steering Disclosure Is and When it Applies

A Legal Anti-Steering Disclosure is a formal statement provided to a consumer that explains whether a representative, broker, or service provider may receive compensation or incentives that could influence advice or product recommendations. The disclosure documents any conflicts that could steer the consumer toward a particular product or service, clarifies the basis for compensation, and records the consumer's acknowledgement. It is used in regulated industries such as mortgage lending, financial advice, healthcare referrals, and insurance placement to promote transparency and help meet federal and state consumer-protection requirements.

Why a Clear Anti-Steering Disclosure Matters

A written Anti-Steering Disclosure reduces ambiguity about incentives, documents the basis for recommendations, and supports regulatory compliance under federal and state consumer-protection laws. Clear disclosure helps organizations demonstrate good-faith transparency and preserves the enforceability of downstream transactions.

Who Typically Completes and Receives the Disclosure

Use this disclosure whenever a recommendation could be influenced by compensation, or when state or federal rules require written notice.

Mortgage lenders and loan originators disclosing origination compensation and yield spread premiums.
Financial advisors and broker-dealers disclosing fee arrangements, commissions, or third-party payments.
Healthcare providers and referral coordinators disclosing any referral fees or relationships affecting patient choices.

Core Elements to Include in a Professional Disclosure

A complete Anti-Steering Disclosure combines concise explanation, itemized compensation detail, and an explicit acknowledgment line so the consumer can confirm receipt and understanding.

Identifying Parties

List the business and the individual who gave advice, including legal business name, representative name, and licensing identifiers where applicable.

Nature of Incentives

Describe the types of compensation (commissions, bonuses, yield spread, referral fees) and whether they vary by product or vendor.

Monetary Amounts

State exact dollar amounts or percentage ranges when known; if variable, explain the factors that determine the final payment.

Alternative Options

Summarize materially different products or services considered and note if alternatives would have resulted in different compensation.

Consumer Acknowledgment

Provide a signer field and date line and include language confirming the consumer received and understood the disclosure before finalizing the transaction.

Legal Basis

Reference applicable statutes or policies that require the disclosure, and note where the consumer can find more information or seek independent advice.

Step-by-Step: Filling Out the Anti-Steering Disclosure

Follow these sequential steps to complete the form accurately and document consent before proceeding with any transaction.

01

Collect Information: Gather provider, representative, product, and compensation details before drafting the disclosure.
02

Describe Incentives: Write a concise explanation of any payments or incentives that could influence recommendations.
03

Offer Alternatives: List materially different options and note compensation differences where applicable.
04

Obtain Acknowledgment: Have the consumer sign and date the disclosure and store evidence of consent.

Configuring an Online Disclosure Workflow

Set fields, required signers, and authentication to create a repeatable, auditable online disclosure process.

Workflow Setting	Configuration
Required Fields	Provider, representative, compensation type, amount, consumer signature
Signer Order	Representative first, consumer second for review then acknowledgment
Authentication	Email link or SMS code; stronger authentication for high-risk transactions
Retention Policy	Automate export to secure archive with versioning and audit trails

Technical Considerations for eSubmission and Signing

Choose settings that balance signer convenience with the required level of identity assurance and retain all evidence of consent and signature events.

Authentication Options: Email, SMS, knowledge-based answers, or multi-factor methods for higher assurance
Document Formats: PDF and DOCX support, with tamper-evident signed output
Audit Trail: Timestamp, IP address, and action history for legal attribution

Typical Submission and Routing Flow

A reliable routing flow reduces errors and documents each stage of delivery, review, and signature for compliance.

Upload Document: Sender uploads disclosure template to the signing platform.
Place Fields: Add name, amount, acknowledgment, and signature fields to the form.
Send to Recipient: Platform emails or issues a secure signing link to the consumer.
Store Completed Copy: Signed document and certificate are saved to secure archive.

Timing: When to Deliver and Keep the Disclosure

Deliver the disclosure early enough for meaningful review and retain evidence according to applicable retention rules and industry guidance.

At Initial Recommendation:

Provide disclosure when the advisor first recommends a product or service.

Before Transaction Completion:

Ensure consumer acknowledgment occurs before contract signing or consummation.

Record Retention Start:

Retention begins on the consumer acknowledgment date or transaction consummation.

Retention Review:

Review stored disclosures annually for completeness and legal hold triggers.

Access for Audits:

Make disclosures available on request for regulatory audits and consumer inquiries.

Consequences of Missing or Incorrect Disclosures

Regulatory Fines: Civil penalties and enforcement actions

Contract Risk: Agreements may be voidable or subject to rescission

Statutory Liability: Potential statutory damages under consumer-protection laws

Reputational Harm: Loss of trust and business referrals

Operational Delays: Contract execution and closings may be postponed

Corrective Costs: Costs to reissue disclosures and remediate errors

Comparing eSignature Options for Delivering Disclosures

Choose a signing provider that meets your authentication, retention, and compliance needs; the table compares common capability and pricing dimensions.

	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	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

FAQs and Common Issues for Anti-Steering Disclosures

Answers to frequent questions about when to use the disclosure, permitted signature methods, and how to correct errors.

Need help? Contact support

What triggers the disclosure requirement
Provide the disclosure whenever a recommendation or referral could be influenced by compensation, or when specific federal or state rules require notice prior to transaction completion.
Can the consumer e-sign this disclosure
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and retention are documented.
Which signature methods are acceptable
Acceptable methods include typed names with an audit trail, drawn signatures on touch devices, or PKI-based digital signatures where higher assurance or regulatory standards are required.
How to correct a completed disclosure
Issue an amended disclosure, obtain a fresh acknowledgment, and retain both versions with a clear audit trail showing the correction and reason for change.
Who may sign on behalf of a consumer
An authorized agent or legal representative may sign if they have documented authority; retain proof of that authority such as a power of attorney.
How long must records be kept
Retention depends on applicable law: follow IRS, HIPAA, and industry rules; many records should be retained three to seven years or longer for regulated sectors.

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