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Real Estate Agency Test

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Real Estate Agency Test

Parties

Client Name:

Property Identification

Appointment & Authority

Owner hereby appoints Agency as exclusive agent to market and sell the Property for the term commencing and ending .

Authority granted includes scheduling showings, placing signage, distributing marketing materials, and presenting offers. Agency shall act in accordance with applicable licensing law and disclose agency relationships as required.

Exclusive Right to Sell Exclusive Agency Open Listing

Financial Terms

Deposit to be held by escrow and delivered within

Anticipated Closing Date:    Possession Date:

Marketing Authorization

Authorization to list property in local cooperative listing services and syndication to marketing channels.

Authorization to place for-sale signage on property. Authorization for photography, floor plans, and virtual tours.

Disclosures

Lead-based paint (if built before 1978): Yes No

Mold or water intrusion history: Yes No

Prior structural or major repairs: Yes No

Known liens or encumbrances: Yes No

Maintenance, Utilities & Insurance

Owner responsibilities for maintenance (describe):

Utilities responsibility (owner or buyer):

Default and Remedies

If either party defaults under this agreement, the non-defaulting party shall provide written notice and a cure period of days. Remedies may include specific performance, recovery of fees and costs, and any remedies available at law or in equity.

Governing Law; Entire Agreement

This Agreement shall be governed by the laws of the state in which the Property is located. This document and any exhibits constitute the entire agreement between the parties and supersede prior negotiations and agreements concerning the subject matter herein. Amendments must be in writing signed by both parties.

Acknowledgment & Certification

By initialing and signing below, Owner certifies that the information provided is accurate to the best of Owner's knowledge and acknowledges receipt of agency disclosure. Broker certifies that the Broker is licensed and will comply with applicable licensing and fair housing laws.

Broker relationship: Disclosed in writing

Fair Housing compliance acknowledged:

Attachments

The following exhibits are incorporated by reference: Seller Property Disclosure, Lead-Based Paint Addendum (if applicable), and any special stipulations set forth in writing by the parties.

Seller / Owner Printed Name:

By:

Date:

Broker / Agency Printed Name:

By:

Date:

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What the Real Estate Agency Test Is and when it's used

Real Estate Agency Test is a standardized intake and disclosure document used by brokers and agents to record the nature and scope of representation in a property transaction. The form captures client identity, agency type (seller, buyer, dual), key dates, and mandatory state disclosures so parties have a dated record of consent and duties. Agents typically complete it at first substantive contact or before listing or offer negotiation. Accurate completion helps reduce misunderstandings about fiduciary obligations and supports compliance with state real estate regulations.

Why documenting agency relationships matters

Completing the Real Estate Agency Test creates a written, signed record of who an agent represents, captures client consent, and documents required disclosures. That clarity reduces legal and regulatory risk and improves transparency during listing, negotiation, and closing stages.

Why documenting agency relationships matters

Who typically completes the Real Estate Agency Test

Brokers, agents, and compliance staff use the Real Estate Agency Test during client onboarding to document representation and disclosures.

  • Residential brokers: document buyer or seller representation and required state disclosures.
  • Commercial agents: record corporate clients, authorized signers, and negotiation authority.
  • Compliance officers: retain dated records to meet state real estate regulator requirements.

The form also supports title officers, escrow agents, and counsel who rely on a clear record of authority and consent throughout the transaction.

Who signs and why

Listing Agent

As the listing agent, you must confirm seller authorization, disclose known material facts, and record marketing permissions. Use the Real Estate Agency Test at first substantive contact to document seller consent for listing activities and to evidence the scope of duties during negotiation and offers.

Buyer Agent

As the buyer agent, complete the form to confirm representation scope, identify authorized decision-makers, and note any potential dual-agency situations. Retain the signed test in the transaction file to demonstrate client consent and minimize later disputes about fiduciary obligations.

Essential fields required on the Test

Client Name: Full legal name
Property Address: Street, city, state, ZIP
Agency Type: Buyer / Seller / Dual
Effective Date: MM/DD/YYYY
Signatures: All parties sign and date
Disclosure Items: List of statutory disclosures

Step-by-step: filling the Real Estate Agency Test

Follow these sequential steps to complete the test and preserve an accurate record of representation and consent.

  • 01
    Collect IDs: Verify client identity before populating name fields.
  • 02
    Select Agency: Mark buyer, seller, or dual agency clearly.
  • 03
    Complete Disclosures: List material facts and required statutory disclosures.
  • 04
    Obtain Signatures: Have all parties sign and date the form.

Configuring the form for online completion

Set up the digital workflow so required fields, authentication, and routing are enforced before signature is allowed.

Field Configuration
Required Fields Make name, property, agency type mandatory
Signer Authentication Use email with optional SMS code
Routing Order Set agent then client then broker
Audit Trail Enable timestamp and IP capture

Where to send or file the completed test

After execution, route the signed test to all stakeholders and retain a certified copy in the transaction file.

  • Client Copy: Provide signed copy to client immediately
  • Broker File: Store in the brokerage transaction folder
  • Title / Escrow: Send to title or escrow for closing file
  • Compliance Archive: Retain in compliance records per retention policy

Delivery and technical options for eSubmission

The Real Estate Agency Test can be completed on desktop or mobile and submitted electronically where state law permits.

  • File Formats: PDF and DOCX supported
  • Integrations: CRM and cloud storage supported
  • Security: TLS and AES-256 encryption

Ensure the chosen platform supports required audit trails, signer authentication, and any state-specific notarization workflows before sending.

Timing: when the Test should be completed

Complete the Real Estate Agency Test early in the relationship and before significant actions such as listing or offer submission.

At First Contact:

Complete at first substantive client meeting

Before Listing:

Signed prior to marketing the property

Before Offers:

Document agency status before negotiating offers

At Contract:

Confirm agency details at contract signing

Record Retention:

Keep signed form in transaction file

Key milestones in the test lifecycle

Track these milestones to ensure the Test is executed, retained, and available for audits or closing.

01

Intake Completed

Form executed at client onboarding and verified

02

Pre-Listing Review

Broker reviews disclosures before marketing

03

Offer Negotiation

Confirm agency scope prior to offers

04

File Archival

Signed form archived for compliance and audit

Consequences of an incomplete or incorrect Test

Regulatory fines: State penalties and fines possible
Disciplinary action: Broker license sanctions risk
Contract challenges: Authority disputes may void actions
Title complications: Incomplete records can delay closing
Client disputes: Increased litigation or claims
Monetary exposure: Damages or statutory penalties

Common preparation errors to avoid

  • Leaving agency type blank or ambiguous, which creates ambiguity about duties and potential conflicts during negotiations.
  • Entering an informal or abbreviated client name that does not match government ID and causes verification delays.
  • Failing to obtain signatures or dates from all required parties, resulting in an incomplete record for disputes or audits.
  • Not routing the signed form to title, escrow, and compliance teams, which can delay closing and create reconciliation issues.

Six critical elements to include in a professional Test

Ensure the form is complete, clearly labeled, and includes verifiable signature and audit information to support enforceability and compliance.

Identification

Full legal names, contact details, and identification method for each party so signatories are clearly attributable and verifiable during closing or audits.

Agency Declaration

An explicit statement of whether the agent represents buyer, seller, or both, including any limited-authority clauses that narrow the scope of representation.

Material Disclosures

State-required disclosures and any known property conditions listed plainly so the client is informed before offers or marketing activities commence.

Consent and Signatures

Dated signatures from clients and agents with a recorded method of signing (electronic or wet) and authentication steps for attribution.

Effective Dates

Clear effective and expiration dates; these control when duties begin and help manage statutory notice periods and limitations.

Audit Trail

A retained audit trail showing timestamps, IP addresses, and signer authentication events to support validity and dispute resolution.

Download formats and supporting documents to bundle

Provide accessible, preserved copies in standard formats and include companion documents to make the transaction record complete.

PDF Archive

Save a flattened, timestamped PDF/A copy with an audit trail for long-term storage and compliance.

Editable DOCX

Keep an editable DOCX for internal revisions prior to final execution; convert to PDF for signature steps.

Identity Proof

Attach scanned IDs or verification logs used during intake to support signer attribution.

Related Disclosures

Bundle property disclosures, agency agreements, and any written consents or waivers with the Test.

eSignature vendor pricing and capability snapshot relevant to this Test

Comparative pricing and capability overview for common eSignature vendors. signNow is listed first per standard vendor comparisons.

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 Varies Varies Varies
Bulk Send Yes (plan dependent) Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No envelope cap 100 envelopes/user/year Varies Varies Varies

FAQs and troubleshooting for the Real Estate Agency Test

Answers to frequent questions about completing, signing, and storing the Test, plus common resolution steps for issues that arise.


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