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Real Estate Agency Disclosure

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REAL ESTATE AGENCY DISCLOSURE

Date:

Brokerage and Agent Identification

Client and Property Identification

Agency Relationship — Options and Duties

The brokerage and agent identified above may act in one of the following capacities. Check the box that describes the role the agent will occupy in this transaction. The duties listed below apply to representation relationships created under applicable law.

Seller's Agent — represents Seller; owes fiduciary duties to Seller including loyalty, confidentiality to the extent required by law, disclosure to the Seller, reasonable care, and accounting.

Buyer's Agent — represents Buyer; owes fiduciary duties to Buyer including loyalty, confidentiality to the extent required by law, disclosure to the Buyer, reasonable care, and accounting.

Dual Agent — represents both Buyer and Seller in the same transaction. Dual agency creates potential conflicts; fiduciary duties to both parties are limited by the requirement to remain neutral between the parties on confidential matters unless otherwise consented in writing.

Transaction Broker — provides limited nonfiduciary assistance to one or more parties but does not represent either party in a fiduciary capacity. Duties include honesty, skill, and reasonable care, but not loyalty or confidentiality as between the parties.

No Agency / Customer — brokerage will act only as an intermediary to facilitate the transaction and will not represent either party.

Dual Agency / Limited Representation Consent

If Dual Agency is selected, Client must provide informed written consent. Dual Agency limits the agent's ability to advocate exclusively for either party and may restrict disclosure of certain confidential information unless authorized by the client.

Client consents to dual agency: Yes No    Initials acknowledging informed choice:

Compensation

Commission, fees, or other compensation will be paid as follows. This disclosure does not alter written compensation agreements between the brokerage and its client.

Seller pays Buyer pays Other:

Conflicts of Interest and Material Relationships

The brokerage discloses the following material relationships, ownership interests, or conflicts that might affect representation in this transaction. If none, indicate \"None\".

Duties and Limitations (Summary)

The brokerage and agent will perform duties required by applicable law for the selected agency relationship. These duties may include:

  • Honest and fair dealing and disclosure of material facts known to the agent.
  • Reasonable care and diligence in performing services.
  • Accounting for funds.
  • When acting as an agent: obedience (within lawful instruction), loyalty, and confidentiality of client confidential information unless disclosure is required by law or authorized in writing.
  • When acting as a transaction broker or in a non-representative capacity: limited duties as set forth in the selected relationship and no fiduciary duty of loyalty to either party.

Acknowledgment and Certification

By signing below, Client acknowledges receipt of this Real Estate Agency Disclosure, affirms that the Client has read and understands the agency options and duties described above, and either accepts or declines consent where required. Client further acknowledges that this disclosure does not replace any written agency agreement and that separate written agreements may define specific duties and compensation.

The brokerage certifies that the information provided in this disclosure is true and accurate to the best of the brokerage's knowledge as of the date shown above.

Client Name:

By:

Date:

Brokerage / Agent Name:

By:

Date:

Governing Law: This disclosure is governed by the laws applicable to real estate brokerage practice in the jurisdiction where the subject property is located. Entire Agreement: This Disclosure constitutes the full statement of agency relationships as presented herein and does not modify any separate written agency agreement executed by the parties. Remedies: Remedies for breach of duties are those provided by applicable law and may include contract and tort remedies.

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What the Real Estate Agency Disclosure Is and When It Applies

A Real Estate Agency Disclosure is a written statement that explains the relationship between real estate licensees and clients or customers in a transaction. It identifies whether an agent represents the buyer, the seller, both (dual agency where permitted), or is acting as a transaction broker, and clarifies duties such as loyalty, confidentiality, and disclosure obligations. The form is typically provided at first substantive contact or before providing brokerage services, and is used to document consent to agency terms and to avoid conflicts of interest during negotiations, inspections, and closing.

Why the Agency Disclosure Matters for Transactions

The disclosure creates a clear record of representation and consent, reduces risk of later disputes over duties, and helps buyers and sellers understand how the agent will act. It supports compliance with state licensing rules and federal electronic-signature standards when signed electronically under ESIGN (15 U.S.C. ch. 96).

Why the Agency Disclosure Matters for Transactions

Which Parties Typically Complete the Disclosure

Maintain a signed copy in the transaction file and provide client copies as required by state law or brokerage policy.

  • Listing agents and sellers who must confirm seller representation and duties.
  • Buyer’s agents who confirm their obligations and whether any dual agency applies.
  • Clients considering agency services who must consent to the stated relationship.

Core Elements to Include in a Professional Disclosure

A complete Real Estate Agency Disclosure should be short, unambiguous, and mirror state-required language where applicable. Use plain language and include signature and date fields for all parties.

Agency Type

State whether the agent is a seller’s agent, buyer’s agent, dual agent (if permitted), or transaction broker and define each role in one simple sentence.

Duties

Summarize core duties such as loyalty, confidentiality, disclosure, obedience, reasonable care, and accounting, tailored to the state’s licensing statute.

Conflict Disclosure

Disclose known conflicts of interest, relationships with other transaction parties, and any financial incentives that could affect advice.

Consent Statement

Provide an explicit consent line for the client to acknowledge and accept the stated agency relationship and any dual agency terms.

Signature Block

Include printed name, signature line, role (buyer/seller/agent), and date; ensure blocks for all required parties to sign.

Electronic Consent

If accepting electronic signatures, include a consumer disclosure about electronic records and a method to withdraw consent when ESIGN disclosure is required.

Required Information and Fields at a Glance

Agent Name: Full broker/agent name
Brokerage: Firm name and license number
Client Name: Buyer or seller full name
Transaction Address: Property street and city
Agency Type: Buyer, seller, dual, or transaction broker
Signatures: All parties and date

Step-by-Step: How to Complete the Disclosure

Follow these steps to ensure the disclosure is accurate, accepted, and retained in the transaction file.

  • 01
    Prepare Form: Use state-approved language where required and confirm brokerage template.
  • 02
    Identify Parties: Enter full legal names and property address exactly.
  • 03
    Select Agency: Mark the correct agency relationship and explain dual agency if applicable.
  • 04
    Sign and Date: Obtain signature(s) and date from all required parties and retain copies.

Where to Send or File the Completed Disclosure

Routing depends on brokerage policy and state rules. Typical destinations include the brokerage file, client copy, and the transaction management system.

  • Brokerage File: Place the signed disclosure in the company transaction file per brokerage policy.
  • Client Copy: Provide a copy to the buyer or seller immediately after signing.
  • Transaction Platform: Upload to MLS or transaction management software if required.
  • Regulatory Retention: Retain per state real estate commission rules and federal retention standards.

Digital Signing and eSubmission Considerations

Select a platform that provides tamper-evident signed PDFs and meets any industry-specific compliance such as HIPAA or 21 CFR Part 11 when applicable.

  • Authentication: Email or SMS verification; use stronger methods for high-risk transactions
  • Audit Trail: Capture timestamps, IP addresses, and signer actions
  • File Formats: PDF/A or DOCX for long-term retention

Timelines and When to Deliver the Disclosure

Timing depends on state law; many states require disclosure at first substantive contact or before certain brokerage acts. Follow these practical timing benchmarks.

At First Contact:

Provide disclosure before substantive discussions or advice is given

Before Listing Agreement:

Deliver prior to signing a listing or buyer representation agreement

Prior to Offer:

Confirm disclosure status before preparing or submitting offers

When Agency Changes:

Update and re-sign if representation status changes during the deal

File Retention Start:

Date of client signature begins retention obligations

Common Mistakes to Avoid When Preparing the Disclosure

  • Using non-state-approved language or omitting required clauses, which may render the disclosure noncompliant and expose the broker to commission discipline.
  • Failing to obtain signatures from all required parties, especially in dual-agency situations where explicit written consent is typically required.
  • Entering inconsistent names or property details that impede matching to contracts, MLS entries, or tax records and increase administrative rework.
  • Assuming prior oral consent suffices; many jurisdictions require a written, dated disclosure retained in the transaction file.

Consequences of Incorrect or Missing Disclosures

Regulatory Fines: License penalties possible
Contract Challenges: Risk of rescission or dispute
Liability Exposure: Increased malpractice risk
Transaction Delays: Closings and financing affected
Reputational Harm: Loss of client trust
Recordkeeping Failure: Sanctions for inadequate files

Real-World Examples of Disclosure Use

These short examples show how disclosures are used in typical brokerage workflows.

Brokerage Transaction

A listing agent provides the state-approved disclosure at first substantive meeting with the seller.

  • The seller initials and signs acknowledging duties.
  • The brokerage retains a signed copy in the transaction file and uploads it to the MLS platform for compliance.

Dual Agency Consent

An agent representing both buyer and seller discloses dual agency and obtains written consent.

  • Both parties sign acknowledging limited fiduciary duties.
  • The broker documents the consent, flags the file for additional oversight, and retains the disclosure for the statutory retention period.

Practical Tips for Accurate and Efficient Completion

Adopt consistent templates, train agents on timing, and use digital workflows to reduce errors and speed execution.

Use State Templates
Adopt or adapt state-approved language to reduce compliance risk and streamline review by regulators.
Train Staff
Provide brief sessions on when disclosures are required and how to handle dual-agency scenarios.
Digitize Workflows
Use eSignature platforms that capture audit trails and support conditional fields to reduce missing information.
Archive Consistently
Standardize file naming and retention protocols to meet state and federal recordkeeping rules.

FAQs and Troubleshooting for Common Questions

Answers to frequent questions about validity, signatures, electronic records, and what to do when a disclosure needs correction.


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