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Real Estate Agent Disclosure

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REAL ESTATE AGENT DISCLOSURE

Date of Disclosure:

Property Identification

Parties

Agency Relationship — Disclosure and Selection

The broker/agent identified above hereby discloses the nature of agency relationships available and relevant to this transaction. Please indicate the relationship that applies to the services the agent is providing in connection with the identified property:

Seller's Agent — agent represents only the seller and owes fiduciary duties to the seller.
Buyer's Agent — agent represents only the buyer and owes fiduciary duties to the buyer.
Dual Agent — agent proposes to represent both buyer and seller in the same transaction. Dual agency limits the agent's ability to provide undivided loyalty and full confidential advocacy to either party.
Designated Agent — the brokerage may designate individual licensees to represent specific clients; designated agent will owe fiduciary obligations to that client subject to the brokerage's policies.
Transaction Broker — broker provides limited representation to both parties without fiduciary duties of full agency.
No Agency — broker provides ministerial services only and does not represent either party as an agent.

Agent Duties and Limitations

Unless otherwise agreed in writing, the agent will perform the following duties consistent with applicable law: exercise reasonable skill and care; present all offers and counteroffers in a timely manner; keep the client informed regarding the transaction status; and act in accordance with the client's lawful instructions. The agent will not disclose confidential information of the client without the client's informed consent, except as required by law or as necessary to perform the agent's duties.

Confidential information does not include (a) facts that a reasonable person would want to know to make an informed decision about the transaction, (b) information required by law to be disclosed, or (c) information about an owner's consent to use the property for an illegal purpose. The client acknowledges that, if dual agency applies, confidentiality of certain client information (such as bottom-line bargaining positions) may be limited.

Compensation and Referral Fees

Commission and compensation arrangements are separate from this disclosure and will be governed by any listing agreement, buyer broker agreement, or other written agreement. Identify the party expected to pay compensation and any known referral fees:

Referral fee or cooperative compensation to be paid to third party disclosed above.
If referral fee disclosed, describe amount or percentage and recipient:

Conflicts of Interest and Material Relationships

The agent must disclose known conflicts of interest or material relationships with parties to this transaction. Please indicate if any of the following apply:

Agent or broker has ownership interest in the property.
Agent or broker has a personal or familial relationship with any party in the transaction.
Agent or broker previously represented another party in connection with this property.
None of the above applies or no conflicts known to agent.

Legal Acknowledgements

By signing below, the client acknowledges receipt of this Real Estate Agent Disclosure and confirms that the client has read and understands the nature of agency relationships described herein. The client further acknowledges the client has had the opportunity to ask questions and obtain clarifications regarding agency duties, limitations on confidentiality, compensation arrangements, and any disclosed conflicts of interest. This disclosure does not by itself create an agency representation agreement; representation is established only by a separate written agreement where required by law.

The client acknowledges that the agent has a duty to comply with applicable fair housing and anti-discrimination laws and that nothing in this disclosure limits the client's right to seek independent legal or other professional advice.

Client Acknowledgement

I/We acknowledge receipt of the Real Estate Agent Disclosure and all information provided above. I/We understand the agent's duties, the limitations of any dual or designated agency, and the compensation disclosures, and I/we hereby confirm that the information contained in this form is true and correct to the best of my/our knowledge.

Client Acknowledgment:

By:

Date:

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What the Real Estate Agent Disclosure Is and why it matters

A Real Estate Agent Disclosure is a written statement an agent provides to a buyer or seller that explains the agent's relationship, duties, compensation, and any material facts or conflicts that could affect the transaction. It establishes who the agent represents, clarifies fiduciary or non‑fiduciary obligations, and documents disclosures required by state law. The form is typically delivered at first substantive contact or before preparing an offer and serves both compliance and risk‑management purposes for brokers, licensees, and consumers.

Why this disclosure matters for transparency and compliance

A clear Real Estate Agent Disclosure reduces misunderstandings, documents consent to the agent relationship, and helps satisfy state licensing rules and consumer‑protection standards under ESIGN/UETA for electronic records.

Why this disclosure matters for transparency and compliance

Who prepares and receives the Agent Disclosure

Keep a signed copy in the transaction file and share it with all parties to avoid later disputes.

  • Buyers and tenants confirming whether the agent represents the buyer or the seller and acknowledging required disclosures.
  • Sellers and landlords receiving written notice of listing broker duties, compensation, and potential dual agency.
  • Licensed real estate agents and brokerages documenting agency relationships and preserving compliance evidence.

Core elements included in a professional Agent Disclosure

Effective disclosure forms are concise, state‑compliant, and capture identity, relationship, material facts, compensation, and signature elements needed to demonstrate informed consent.

Agent Identity

Full agent and brokerage name, contact information, and state license number required to establish who is providing services and accountability.

Agency Relationship

Clear statement whether the agent acts as seller's agent, buyer's agent, dual agent, or designated agent and the practical effect for client duties.

Material Facts

Any facts about the property or transaction known by the agent that materially affect value or desirability, disclosed in specific, non‑technical language.

Conflicts of Interest

Any financial relationships, referrals, or family ties that could influence the agent's advice, plus disclosures about kickbacks or affiliated business arrangements.

Compensation

Detailed explanation of commissions, fee splits, who pays, and how compensation affects duties and negotiability in the transaction.

Signatures

Signature blocks for all parties with date lines and checkboxes to record receipt and acknowledgment of the disclosure.

Step‑by‑step: prepare, deliver, and document the disclosure

Follow these sequential steps to complete the disclosure accurately and preserve evidence of delivery.

  • 01
    Prepare Form: Complete all agent and property fields accurately.
  • 02
    Provide to Client: Give the disclosure at first substantive contact or before offers.
  • 03
    Obtain Acknowledgment: Get client signature and date on the form.
  • 04
    File Copy: Store signed copy in the transaction file and deliver a copy to the client.

Digital delivery and eSigning considerations

Where consumers require a paper option, provide it and record the consumer's choice in the file; maintain retention consistent with brokerage policy and state rules.

  • Authentication: Email, SMS code, or stronger KBA as required.
  • Audit Trail: Timestamps, IP, and action log must be retained.
  • Integration: Compatibility with MLS, CRM, or document management.

Configuring an online disclosure workflow

Standardize a template and authentication steps to reduce errors and speed execution for every listing or buyer engagement.

Field Configuration
Choose Template Select preapproved state‑specific version.
Signer Order Agent then client, or simultaneous signing.
Authentication Email link + SMS code recommended.
Retention Settings Auto‑archive signed PDF and audit trail.

Typical routing and submission flow for the disclosure

A predictable routing flow ensures every party receives and signs the disclosure in the correct order and format.

  • Upload Document: Add the disclosure template to the signing platform.
  • Assign Signers: Enter agent and client contact details.
  • Send for Signature: Platform sends authenticated signing link.
  • Store Signed Copy: Save signed PDF plus audit certificate.

When to deliver the Real Estate Agent Disclosure

Timing requirements vary by state; use the agency relationship trigger or first substantive contact as the default delivery moment unless state law specifies otherwise.

First Contact:

Provide disclosure at or before first substantive conversation in most jurisdictions.

Before Offer:

Deliver and obtain acknowledgment prior to preparing or submitting offers.

Listing Presentation:

Provide to sellers when discussing listing terms and compensation.

Open House:

Post or provide notice of brokerage presence to prospective buyers.

Record Keeping:

Retain the signed disclosure per brokerage and state retention rules.

Common mistakes when preparing agent disclosures

  • Using nicknames or abbreviations that do not match official IDs, which complicates identity checks and audits.
  • Failing to deliver the disclosure at first substantive contact, which can create regulatory noncompliance and consumer disputes.
  • Leaving compensation or conflict sections vague, generating misunderstandings about who pays commission and why.
  • Not keeping a signed copy in the transaction file or failing to capture the electronic audit trail for eSigned forms.

Consequences of incomplete or incorrect disclosures

Civil Penalties: State civil fines possible
License Sanctions: Disciplinary action by licensing board
Contract Risks: Contracts may be voidable
Closing Delays: Transaction timeline disruption
Tax Impacts: Misstated compensation risks reporting
Privacy Breach: Improper data handling liabilities

Essential data points to capture on the disclosure

Agent Name: Full legal name
License Number: State license ID
Brokerage: Licensed broker name
Client Name: Buyer or seller full name
Property: Complete street address
Date/Signature: Signed date and signer attribution

eSignature vendor comparison for executing Real Estate Agent Disclosures

Basic pricing and feature differences among common eSignature vendors. signNow is listed first as the baseline for cost and capability comparison.

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 Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about completing the Real Estate Agent Disclosure

Answers to common questions about timing, signatures, eSigning, and state variances to help resolve typical issues.


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