Is this disclosure legally required?

Many states require written agency disclosures or mandatory timing of delivery; consult your state real estate commission for specific rules and required language.

Who must sign the disclosure?

Typically the licensee(s) and each consumer party to the transaction must sign; include brokerage names and agent license numbers where state rules require them.

Can the disclosure be signed electronically?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and state UETA laws, provided intent, consent, attribution, and record retention requirements are met.

Is notarization or witnesses required?

Most agency disclosures do not require notarization; however, related real estate documents like deeds may. Some states require witnesses for certain instruments; check state-specific rules.

What if the disclosure is incomplete or incorrect?

An incomplete or materially inaccurate disclosure can lead to contract disputes, rescission, regulatory fines, or license discipline depending on state law and the nature of the defect.

How long should I keep signed disclosures?

Retain signed disclosures for at least three years after closing to align with IRS and general recordkeeping standards; longer retention may be required by state or industry rules.

Electronic Signature
Templates
Real estate
Real Estate Agency Disclosure Agreement

Real Estate Agency Disclosure Agreement

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

REAL ESTATE AGENCY DISCLOSURE AGREEMENT

This Real Estate Agency Disclosure Agreement (the Agreement) is made between the Brokerage and the Client identified below. The purpose of this Agreement is to disclose the brokerage relationship, duties owed by the brokerage to the Client, compensation arrangements, and other material matters required by law or professional standards. The parties acknowledge receipt of a copy of this Disclosure.

Agency and Licensee Identification

Brokerage Name:

Licensee / Agent Agent License Number Brokerage License Number Brokerage Address and Contact

Property Identification

Property Address Parcel / APN Number Legal Description

Agency Relationship Disclosure

The Brokerage informs the Client of the available agency relationships. The Client should select the relationship the Client and Brokerage have agreed will govern this transaction. Unless otherwise agreed in writing, the brokerage duties include: (1) loyalty to the Client; (2) confidential treatment of Client information except as required by law; (3) disclosure of all material facts known by the Brokerage; (4) the exercise of reasonable skill and care; (5) accounting for money and property received.

Select the brokerage relationship that applies:

Seller's Agent — Brokerage represents the Seller and owes fiduciary duties to the Seller.
Buyer's Agent — Brokerage represents the Buyer and owes fiduciary duties to the Buyer.
Dual Agent — Brokerage simultaneously represents both Buyer and Seller; certain fiduciary duties to each party are limited and require informed written consent.
Transaction Broker — Brokerage facilitates the transaction without representing either party in a fiduciary capacity.
No Agency — Brokerage provides ministerial services only; no agency relationship is established.

Dual Agency and Consent

Dual agency may limit the Brokerage's ability to advocate fully for either party and may require the Brokerage to balance interests. If Dual Agency is selected, the Brokerage must obtain the informed, written consent of all parties before acting in a dual capacity.

Client elects: I CONSENT to Dual Agency. I DO NOT CONSENT to Dual Agency.

Compensation and Fees

Compensation for brokerage services shall be paid as set forth below. The source and amount of compensation may affect the duties and obligations of the Brokerage.

Compensation Terms Who will pay compensation Referral Fees / Other Payments

Confidentiality and Material Facts

The Brokerage shall keep confidential any information the Client designates as confidential, except where disclosure is required by law or where the information materially affects the value of the property and must be disclosed to other parties. Confidential information does not include: price terms, the Client's motivation, or any facts law requires to be disclosed.

Client authorizes Brokerage to disclose the following confidential information (if any):

Conflicts of Interest; Known Material Facts

The Brokerage must disclose any known conflicts of interest that may affect the Brokerage's ability to represent the Client. The Brokerage also must disclose any material facts known about the property that could affect its value or the Client's decision to proceed.

Known Conflicts / Material Facts

Disclosures — Environmental and Condition

The Brokerage discloses the following known conditions relating to the property. If the Brokerage has no knowledge of the condition indicated, leave blank or mark No.

Lead-based paint present? Yes No
Known mold or moisture intrusion? Yes No
Prior structural damage or material repairs? Yes No

If yes, describe

Term, Modification and Termination

This Disclosure remains effective for the particular transaction identified above and until terminated in writing by either party, or as otherwise provided by law. Any modification to the agency relationship or compensation must be made in writing and signed by the parties.

Governing Law; Entire Agreement; Severability

This Agreement shall be governed by the laws of the state in which the property is located. This Agreement constitutes the entire written disclosure between the parties regarding agency relationships and supersedes prior oral statements. If any provision of this Agreement is found invalid, the remaining provisions shall remain in full force.

Client Acknowledgment

By signing below, the Client acknowledges that the Client has read and received a copy of this Real Estate Agency Disclosure Agreement, understands the nature of the brokerage relationship selected above, and consents to the terms described herein.

Client Name Client Contact

Agency (Brokerage) Name:

By:

Date:

Broker / Supervising Licensee:

Client Name:

By:

Date:

If signed by an authorized representative, state capacity:

What the Real Estate Agency Disclosure Agreement Is and When It's Used

A Real Estate Agency Disclosure Agreement is a document that informs parties about the nature of the agency relationship between agents, brokers, and consumers in a real estate transaction. It specifies who represents the buyer, seller, or both, outlines fiduciary duties and limitations, and records consent to dual or designated agency when applicable. The agreement clarifies duties such as loyalty, confidentiality, disclosure, and obedience and helps reduce conflicts by creating a written record of agency roles before offers or negotiations begin.

Why clear agency disclosure matters for transactions and compliance

Clear, signed agency disclosures reduce legal risk, support informed consent, and create an auditable record of representation. In the U.S., electronic execution is generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes where adopted; include explicit consumer disclosures when required by law.

Who commonly completes and relies on this agreement

Typical users include real estate licensees, brokerage compliance teams, and the parties to a sale or lease.

Listing agents and sellers: Use to disclose seller-agent duties and any designated or dual agency arrangements.
Buyers and buyer agents: Confirm buyer representation, fiduciary scope, and any limitations on agent advocacy.
Brokerages and compliance officers: Maintain signed disclosures for license regulation, audit, and training records.

Signed disclosures protect consumers and agents by documenting representation before offers, inspections, or escrow activity.

Core elements included in a professional agency disclosure

A complete disclosure captures the relationship, duties, and practical details necessary for clear representation and risk management.

Parties

Full legal names of brokerages, agents, buyers, and sellers with contact details and license numbers where required by state law.

Agency Type

Explicit selection of single agent, dual/designated agent, subagency, or transaction broker, including any limitations on advocacy.

Duties

Statement of duties (loyalty, confidentiality, disclosure, reasonable care) and any deviations from standard fiduciary obligations.

Property Details

Basic property description and transaction context so the disclosure is tied to a specific listing or purchase.

Signatures & Dates

Signature lines for all parties and the agent with clear effective date to show when the representation begins.

Additional Notices

State-specific addenda, conflict disclosures, and any written consumer consent required for dual agency or limited representation.

Step-by-step: completing a Real Estate Agency Disclosure Agreement

Follow these steps to prepare, sign, and preserve a valid agency disclosure for a residential real estate transaction.

01

Prepare form: Select the correct state template and enter party and property details.
02

Choose agency: Mark the exact agency relationship and describe any limitations.
03

Review with parties: Explain duties and obtain informed consent before listing or negotiating.
04

Sign and retain: Collect signatures, date the form, and save a copy in transaction records.

Setting up a digital workflow for disclosure distribution

Configure a repeatable digital workflow to ensure timely delivery and capture of signed disclosures.

Field	Configuration
Signing Order	Sequential by role to ensure agent explanation occurs before party signature
Authentication	Email link with optional SMS code for added signer verification
Template Reuse	Save a state-specific template with required checkboxes and disclosures
Notifications	Automatic reminders to signers and confirmation receipts to all parties

How digital delivery and e-signing typically proceed

A standard digital signing flow streamlines execution and creates an audit trail for compliance.

Upload: Sender uploads the disclosure form to the eSignature platform.
Assign fields: Place signature, initial, and date fields for each signer.
Deliver: Platform emails signers a secure link; authentication may be required.
Complete: Signer reviews, signs, and receives a completed PDF with an audit log.

Technical considerations for eSubmission and archive

Confirm your eSignature platform supports audit trails, secure storage, and the file formats you need.

Integrations: Salesforce, MLS systems, and document management integrations reduce manual entry
File formats: PDF and DOCX support ensures signed copies are preserved with layout integrity
Authentication: Email, SMS, or stronger methods like knowledge-based checks are supported

Ensure the platform you choose meets state recordkeeping needs and retains tamper-evident files and a complete audit trail for regulatory review.

Consequences of incorrect, missing, or late agency disclosures

Contract Rescission: May permit cancellation or voiding of agreements

Monetary Damages: Civil liability for undisclosed conflicts or misrepresentation

Regulatory Discipline: License penalties, fines, or sanctions by state real estate commission

Escrow Holds: Closing delays and escrow retention until dispute resolution

Reputational Harm: Loss of trust and client referrals

Increased Litigation: Higher exposure to malpractice or breach-of-fiduciary suits

Common pitfalls when preparing agency disclosures

Failing to identify the correct agency type or checking an ambiguous option that does not reflect actual representation creates disputes.
Using unsigned or post-dated disclosures that do not establish consent before negotiations leads to enforceability questions.
Mismatched names, missing license numbers, or incomplete property descriptions can delay closings and cause administrative rework.
Delivering disclosure late or failing to explain duties to consumers increases regulatory risk and potential rescission claims.

Practical tips to ensure valid and enforceable disclosures

Adopt consistent processes, document explanations, and preserve evidence of delivery and consent to minimize disputes.

Verify identity and names

Confirm legal names and agent license numbers against official credentials. Accurate identity data prevents post-closing disputes and ensures regulatory compliance.

Use state-specific templates

Start with a template that incorporates required language for your state and add only necessary, reviewed modifications to avoid gaps.

Capture informed consent

Ensure agents explain duties and obtain explicit written consent for dual or limited agency before advancing negotiations or accepting offers.

Preserve the audit trail

Retain signed copies, timestamps, IP addresses, and delivery receipts in a tamper-evident format for at least the minimum retention period.

Real-world examples of digital signing for agency disclosures

Illustrative experiences show how digital workflows reduce friction and preserve compliance evidence across brokerages.

Tim Martin — Founder, Martin Properties

Martin Properties shifted to online disclosures to speed listings and maintain compliance.

Faster signature completion across mobile and desktop.
"I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Brian Fitzgibbons — COO, Optica Ventures LLC

Optica used digital disclosures to standardize agent explanations and reduce administrative follow-up.

Templates ensured consistent language across offices.
"The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Comparing eSignature solutions for executing Real Estate Agency Disclosure Agreements

Key vendor differences for signing and storing disclosures are summarized below; signNow is shown first per platform comparison conventions.

	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	Yes, 7-day trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about agency disclosures and digital signing

Answers to common questions about who signs, legal validity, notarization, and retention for agency disclosures.

Need help? Contact support

Is this disclosure legally required?
Many states require written agency disclosures or mandatory timing of delivery; consult your state real estate commission for specific rules and required language.
Who must sign the disclosure?
Typically the licensee(s) and each consumer party to the transaction must sign; include brokerage names and agent license numbers where state rules require them.
Can the disclosure be signed electronically?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and state UETA laws, provided intent, consent, attribution, and record retention requirements are met.
Is notarization or witnesses required?
Most agency disclosures do not require notarization; however, related real estate documents like deeds may. Some states require witnesses for certain instruments; check state-specific rules.
What if the disclosure is incomplete or incorrect?
An incomplete or materially inaccurate disclosure can lead to contract disputes, rescission, regulatory fines, or license discipline depending on state law and the nature of the defect.
How long should I keep signed disclosures?
Retain signed disclosures for at least three years after closing to align with IRS and general recordkeeping standards; longer retention may be required by state or industry rules.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now