Can the disclosure be signed electronically?

Yes. Electronic signatures are valid under the ESIGN Act (15 U.S.C. §7001) and UETA in most states provided intent, consent, attribution, and record retention are demonstrated.

What if the agent is representing both parties?

Dual agency requires clear disclosure and informed written consent where state law requires it; document the consent on the form to reduce conflict risk.

Who must sign the form?

The listing or selling agent, the broker where required, and the principal parties (seller and buyer or their authorized representatives) should sign and date the form.

Is notarization required for disclosures?

Not typically. Most states do not require notarization for agency disclosures, but specific forms or related documents may have different rules; verify state requirements.

How do I correct a mistake after signing?

Prepare an amended disclosure with the correction, have all parties initial or re-sign the amendment, and attach it to original records to preserve the audit trail.

What if a party refuses to sign electronically?

Provide a paper alternative and record that the party declined electronic records; for consumer-facing transactions follow ESIGN consumer-disclosure consent procedures.

Electronic Signature
Templates
Miscellaneous
Real Estate Agent Disclosure Form

Real Estate Agent Disclosure Form

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

REAL ESTATE AGENT DISCLOSURE FORM

Date of Disclosure:

PARTIES AND PROPERTY

Client Name Real Estate Agent Name Brokerage Name Broker License Number Property Address (subject property)

RECITALS

WHEREAS, Client Name: desires to engage real estate services in connection with the Property described above; and

WHEREAS, Agent Name: acting through Brokerage Name: is required by law to disclose agency status, compensation arrangements, conflicts of interest and material facts affecting the transaction.

AGENCY RELATIONSHIP

The undersigned hereby acknowledges the following agency relationship(s) applicable to this transaction (check all that apply):

Seller's Agent (represents the seller) Buyer's Agent (represents the buyer) Dual/Designated Agent (represents both parties with informed consent) Transaction Broker (no fiduciary duties) Non-Agency/Facilitator

If Dual/Designated Agency is indicated above, Client consents to dual agency: Yes No

SCOPE OF WORK

Describe the professional services the Agent will provide, including marketing, showing, negotiations, and closing assistance. Include any specific limitations or exclusions.

PAYMENT TERMS / COMPENSATION

Commission or fee payable to Brokerage:

Payment schedule (when commission is earned and payable):

Source of payment (check all that apply): Seller Buyer Other:

Late payment fee or collection costs (if applicable):

Referral fees or compensation to third parties (if any) must be disclosed:

TERM AND TERMINATION

Agreement Start Date: End Date / Listing Expiration:

Notice Period Required to Terminate Termination Conditions

CONFIDENTIALITY

The Agent shall keep confidential all non-public information obtained from Client in connection with the engagement, except to the extent disclosure is: (a) required by law; (b) necessary to perform services (including disclosure to cooperating brokers or escrow/closing agents); or (c) authorized in writing by Client. Confidential information does not include information that is or becomes public through no fault of Agent.

Client acknowledges that Agent may disclose known material facts about the property to prospective buyers, brokers, or as required by law, and that Client has disclosed to Agent any material adverse facts of which Client is aware.

Material facts disclosed by Client

CONFLICTS OF INTEREST

Agent must disclose any known personal, familial, financial, or business relationships with any party to this transaction. Disclosed relationships:

ELECTRONIC COMMUNICATIONS

Client consents to receiving communications by email, text message, or other electronic means for purposes related to this transaction: Yes No

GOVERNING LAW; ENTIRE AGREEMENT

This Disclosure and any related engagement agreement shall be governed by the laws of the State selected by the parties below. This Disclosure, together with any separate written engagement or listing agreement signed by the parties, constitutes the entire agreement regarding agency disclosure and compensation related to the Property, superseding all prior oral or written statements on these subjects.

Governing Law State:

ACKNOWLEDGMENT AND CERTIFICATION

By signing below, Client acknowledges receipt of this disclosure prior to entering into any listing, buyer representation, or other brokerage agreement related to the Property. Client certifies that the information provided herein is true and correct to the best of Client's knowledge and that Client has had the opportunity to ask questions regarding agency relationships and compensation.

Agent License Number Additional Agent Disclosures or Comments

Agent Printed Name:

By:

Date:

Client Printed Name:

By:

Date:

What the Real Estate Agent Disclosure Form Is and When it's Used

A Real Estate Agent Disclosure Form is a written statement used in residential and commercial transactions to record the agent's identity, agency relationship, material facts known about the property, and any conflicts of interest. It helps purchasers and sellers understand who represents whom, whether dual agency applies, and what known property conditions or defects the agent must disclose. Many states require specific disclosure language and timing; federal e-signature laws (ESIGN and UETA) generally permit electronic delivery and signatures when statutory exceptions do not apply.

Why a Clear Disclosure Form Matters in Real Estate

A properly completed disclosure reduces legal risk, supports informed decision-making, and documents compliance with state real estate rules. It clarifies agency duties, preserves consumer rights, and creates an audit trail that can be relied on if disputes arise.

Who needs to complete or review this form

The form is primarily completed by licensed agents and brokers but affects several parties in a transaction.

Real estate agents and brokers — document agency, license number, and brokerage details for each transaction.
Sellers and property owners — review disclosures about property condition and agent relationships before listing or contracting.
Buyers and tenants — receive disclosures to evaluate conflicts, material facts, and representation prior to offers.

All parties should retain a signed copy; agents typically keep a file per state recordkeeping rules and brokerage policy.

Essential sections every professional disclosure form should include

A complete Real Estate Agent Disclosure Form groups agency, property, and signature information into clear sections so parties can find and verify key facts quickly.

Agency Identification

Agent name, license number, broker name and license, brokerage contact details — ensures responsible party is identifiable and reachable for follow-up or regulatory inquiries.

Agency Relationship

Clear statement of representation type (seller, buyer, dual, transaction broker) and required consent language for dual agency where applicable under state law.

Material Facts

Known defects, past repairs, environmental hazards, and other material conditions relevant to value or habitability that agents are obligated to disclose.

Conflict Disclosures

Any personal or financial interest, referral fees, or family relationships that could affect an agent's impartiality or duties to a client.

Acknowledgements

Buyer/seller acknowledgements that they received and understood the disclosure, including initials and boxes for specific topic confirmations.

Signature and Date

Signed and dated signature blocks for agent, broker, and parties; include printed names, titles, and date fields to ensure enforceability and traceability.

Required information fields at a glance

Agent Name: Full legal name

License Number: State license ID

Brokerage Name: Brokerage legal name

Property Address: Street, city, state, ZIP

Agency Status: Buyer/Seller/dual/transaction

Signatures: Signer name and date

Step-by-step: completing and delivering the disclosure

Follow a consistent sequence to reduce errors and ensure all parties receive disclosures when required.

01

Gather Documents: Collect seller disclosures, property reports, and repair records.
02

Fill Form: Populate agent, broker, property, and material fact sections.
03

Sign & Date: Obtain signatures from agent and parties before offers are accepted.
04

Distribute Copies: Provide signed copies to all parties and retain for records.

Configuring an online workflow for the disclosure form

Set up a repeatable digital workflow to ensure accuracy and consistent distribution across transactions.

Field	Configuration
Upload Template	Use PDF or DOCX; standardize layout for all listings.
Add Fillable Fields	Place name, license, address, signature, and date fields.
Assign Signers	Set signing order: agent, seller, buyer/tenant.
Authentication	Enable email or SMS verification; add KBA for higher assurance.

Digital delivery and platform considerations

Electronic routing reduces turnaround, but pick platforms that support common formats and authentication methods.

File Formats: PDF and DOCX are widely supported
Integrations: Connectors to MLS, CRM, and cloud storage
Authentication: Email, SMS code, or stronger KBA options

Choose a platform that preserves audit trails, stores signed copies securely, and supports state regulatory needs including HIPAA or 21 CFR where applicable.

Where to send the completed disclosure and what happens next

After signing, deliver the disclosure to each party and your brokerage files, and record the event in transaction management systems.

Send to Parties: Email or provide physical copies to buyer and seller.
Brokerage File: Upload signed copy to brokerage records and MLS if required.
Third Parties: Share with lenders, inspectors, or escrow on request.
Archive: Store signed copy per retention policies.

Common timing expectations and processing windows

Timing for delivery and signature varies by state and transaction type; below are commonly expected milestones to help plan workflow.

Initial Delivery:

Provide disclosure at or before the first substantive buyer meeting.

Before Offer:

Many brokers deliver disclosures prior to accepting an offer or executing contract.

Contract Stage:

Confirm disclosures are included or referenced in purchase contract at signing.

Electronic Acceptance:

If e-signed, ensure consent and retention meet ESIGN/UETA requirements.

Recordkeeping:

Retain signed copies according to state and brokerage retention rules (commonly 3–7 years).

Common mistakes to avoid when preparing the form

Omitting the agent or broker license number, which can trigger regulatory scrutiny and slow transaction processing.
Delivering disclosures too late, after an offer is signed, which may expose the agent to claims of nondisclosure.
Using inconsistent property descriptions or incorrect addresses that create ambiguity in contract documents and title work.
Accepting unsigned or initialed forms where full signatures are required, compromising enforceability.

Potential consequences of incorrect or missing disclosures

Civil Penalties: State fines possible

Contract Risk: Rescission or damages claims

License Action: Brokerage or agent discipline

Monetary Liability: Plaintiff damages and settlement costs

Transaction Delay: Title, financing, or closing hold-ups

Reputational Harm: Client trust erosion

Frequently asked questions about the disclosure form

Answers to common questions about e-signing, timing, who signs, and correcting mistakes when working with Real Estate Agent Disclosure Forms.

Need help? Contact support

Can the disclosure be signed electronically?
Yes. Electronic signatures are valid under the ESIGN Act (15 U.S.C. §7001) and UETA in most states provided intent, consent, attribution, and record retention are demonstrated.
What if the agent is representing both parties?
Dual agency requires clear disclosure and informed written consent where state law requires it; document the consent on the form to reduce conflict risk.
Who must sign the form?
The listing or selling agent, the broker where required, and the principal parties (seller and buyer or their authorized representatives) should sign and date the form.
Is notarization required for disclosures?
Not typically. Most states do not require notarization for agency disclosures, but specific forms or related documents may have different rules; verify state requirements.
How do I correct a mistake after signing?
Prepare an amended disclosure with the correction, have all parties initial or re-sign the amendment, and attach it to original records to preserve the audit trail.
What if a party refuses to sign electronically?
Provide a paper alternative and record that the party declined electronic records; for consumer-facing transactions follow ESIGN consumer-disclosure consent procedures.

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