Can the disclosure be signed electronically?

Yes in most U.S. jurisdictions. Electronic signatures meeting ESIGN and UETA requirements are accepted; New York uses ESRA. Confirm state-specific exceptions before relying on e-signature for any restricted document types.

When must it be provided?

Provide the disclosure at or before the first substantive contact or when an agency relationship is established. Timely delivery prevents later disputes about duties and confidentiality.

What happens if a party refuses to sign?

Document the refusal and the date provided. Refusal may limit certain types of agency or require escalation to supervising broker or legal counsel for next steps.

How long must the disclosure be kept?

Retention typically equals the active period plus at least 3 years; some states or transaction types require longer retention. Follow IRS and state recordkeeping guidance where applicable.

Can disclosures be delivered via MLS or portal?

Yes, delivering through the MLS or secure portals is common; ensure delivery method provides an auditable trail and ability to reproduce the record.

Electronic Signature
Templates
Real estate
Real Estate Broker Disclosure

Real Estate Broker Disclosure

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

REAL ESTATE BROKER DISCLOSURE

Date of Disclosure:

PARTIES AND BROKERAGE IDENTIFICATION

Client Name Client Contact (Address / Phone / Email) Brokerage Name Broker / Listing Agent Broker License Number

PROPERTY IDENTIFICATION

Property Address Parcel / APN Number Legal Description

AGENCY RELATIONSHIP

The brokerage identified above discloses the brokerage relationship to the client. The brokerage may act in one of the following capacities with respect to this transaction. The brokerage has explained the duties that arise under each relationship, including confidentiality, loyalty, reasonable care and full disclosure. The client should select the relationship that applies and initial acknowledgment of the duties.

Seller's Agent (Broker represents Seller) Buyer's Agent (Broker represents Buyer)

Transaction-Broker / Limited Representation (Broker facilitates transaction but does not represent either party as a fiduciary) Non-Agent / Facilitator

Dual or designated agency may arise in transactions where the brokerage represents both parties. If dual agency is proposed, the broker must obtain the informed written consent of all parties. Consent to dual agency: I consent to dual agency.

If dual agency consented, limitations or conditions (if any)

COMPENSATION AND CONFLICTS

Commission / Compensation: The client acknowledges that the broker may be paid compensation by the client, the other party, or both. Compensation arrangement:

Amount or formula for commission, fee or other remuneration (if known):

The broker discloses the following material relationships, ownership interests, or other potential conflicts of interest that could affect the brokerage's representation (if none, write "None"):

Referral fees, bonuses, or other economic benefits to be paid to the broker or agent by third parties:

DISCLOSURES REGARDING PROPERTY CONDITION

The broker's knowledge of the property's condition is limited to information provided by the seller, public records and observations. The broker does not perform inspections unless otherwise agreed in writing. For each item below, indicate known condition by checking Yes or No.

Lead-based paint disclosure: Yes No

Known mold or water intrusion: Yes No

Prior structural damage or repairs: Yes No

Flood zone or history of flooding: Yes No

Other known material defects or disclosures

BROKER DUTIES, LIMITATIONS, AND ADVICE

The broker confirms the duties owed to the client under the selected agency relationship. The broker will exercise reasonable skill and care, timely present offers and counteroffers, disclose material facts known to the broker, and comply with the law. The broker will not be responsible for latent defects not known to the broker, and the client is advised to obtain independent inspections and professional advice regarding the property's condition, valuation, financing, insurance and legal matters.

Client acknowledges receipt of a copy of this Broker Disclosure and affirms that the client has had an opportunity to ask questions and receive explanations concerning the brokerage relationship and any disclosed conflicts or compensation arrangements.

ACKNOWLEDGMENTS

By signing below, the client acknowledges and accepts the disclosures made above and consents to the represented agency relationship and any disclosed compensation or conflicts, subject to any limitations stated herein.

Client Printed Name:

By:

Date:

Broker / Brokerage Printed Name:

By:

Date:

What the Real Estate Broker Disclosure Is and When it Applies

A Real Estate Broker Disclosure is a written statement provided by a brokerage or agent that explains the broker’s role, duties, and any material affiliations or interests in a transaction. It clarifies whether the broker represents the buyer, seller, both (dual agency where permitted), or serves as a transaction broker. State real estate commissions typically require this disclosure at or before the first substantive contact or at the time agency relationships are established. The document protects consumer expectations and creates an auditable record of the broker–client relationship.

Why a Clear Broker Disclosure Matters

Providing a timely, accurate broker disclosure reduces regulatory risk, establishes consent for the representation type, and creates documentation that can resolve later disputes about duties, confidentiality, or conflicts of interest.

Who typically completes and receives this disclosure

Maintain a copy in the transaction file and include it in any post-closing retention schedule required by state or industry rules.

Brokerage firms and supervising brokers responsible for recordkeeping and compliance with state commission rules.
Listing agents and buyer agents who must disclose agency status and any material relationships.
Homebuyers and sellers, who must receive and acknowledge the disclosure to confirm consent.

How to complete the Broker Disclosure — step by step

Follow this sequence to prepare a compliant, auditable disclosure before taking substantive action in a transaction.

01

Prepare form: Use the firm’s standard disclosure template or state-approved form.
02

Enter details: Fill brokerage, agent, license, and property identifiers.
03

Select representation: Mark buyer, seller, dual, or transaction broker as applicable.
04

Deliver and sign: Provide to consumer and obtain signature before substantive negotiations.

Configuring an online disclosure workflow

A standard digital workflow ensures consistent delivery, authentication, and retention of disclosures.

Field	Configuration
Delivery method	Email link or secure portal for recipient access
Authentication	Email verification or SMS code to attribute signer
Signer order	Set single-step or sequential signing as needed
Retention	Enable automatic archiving and PDF certificate export

Typical routing and submission destinations

Disclosures are routed to the recipient, retained in the broker file, and attached to related transaction records.

Recipient delivery: Email link or portal message for signing
Broker file: Store final PDF in the brokerage document management system
Transaction package: Attach to purchase agreement and MLS listing documents
Regulatory inspection: Produce records on request during audits or complaints

Digital submission and platform considerations

Confirm the platform you choose supports retention policies, exportable audit trails, and any required industry addenda.

Document formats: PDF and DOCX accepted
Integrations: Connect with MLS, CRM, cloud storage
Security: TLS encryption and access controls

Timing expectations and key delivery moments

Timely delivery of the disclosure matters. Use these benchmarks to schedule issuance and retention.

Initial contact timing:

Provide disclosure at or before first substantive contact where state rules require it

Before showing property:

Deliver prior to property access when practical and when required

Prior to offer:

Ensure buyer or seller acknowledged agency status before offers are submitted

Contract execution:

Attach disclosure to purchase contract for the transaction record

Retention start:

Retention period begins on date provided or signature date per firm policy

Common preparation and delivery mistakes to avoid

Using an outdated or non–state-compliant form that omits required language or checkboxes.
Failing to obtain a dated signature or to capture consent to electronic delivery where applicable.
Not associating the disclosure with the specific transaction file or MLS listing for auditability.
Relying on verbal explanations without a written, signed disclosure when the state requires one.

Consequences of incorrect or missing disclosures

License discipline: Administrative sanctions or fines by the state real estate commission

Contract rescission: Risk of agreements being challenged for failure to disclose

Civil liability: Potential tort claims for undisclosed conflicts

Delayed closings: Missing disclosures can stall negotiations and settlement

Reputational harm: Erosion of client trust and referral loss

Recordkeeping fines: Penalties for inadequate transaction files during audits

Essential elements to include in a professional disclosure

A complete disclosure is concise but comprehensive; include the following core elements to meet regulatory and practical needs.

Broker identity

Full brokerage and license information so the consumer can confirm the licensee and firm on state databases and complaint portals.

Agent identity

Name and license number of the agent with whom the consumer is interacting to attribute duties and responsibilities.

Representation type

Clear statement whether the agent represents buyer, seller, both (if allowed), or serves as a transaction broker.

Material interests

Any known conflicts, affiliated business arrangements, or financial interests the broker has in the transaction.

Confidentiality scope

What information the broker will keep confidential and any limitations on confidentiality in a dual representation.

Signature and date

Acknowledgment lines for the party receiving disclosure and the broker, plus a clear date for the record.

Who is authorized to sign this disclosure

Listing Broker

The supervising broker or licensed listing agent typically signs to confirm the firm’s role; signature binds the brokerage to duties disclosed and creates a record for regulatory review and client reference.

Buyer / Seller

The principal (buyer or seller) or their authorized representative must sign to acknowledge receipt and understanding; signature documents consent and helps avoid later disputes over agency.

Notarization and witness steps when authentication is required

Some transactions or firm policies may require notarization or witness signatures; follow this step sequence to authenticate the disclosure properly.

01

Confirm requirement

Determine whether state law or transaction policy mandates notarization or witnesses.

02

Gather ID

Ask signers to present government-issued photo identification for identity proofing.

03

Schedule notary

Arrange in-person notary or remote online notarization if permitted by state law.

04

Use RON when allowed

If state permits RON, use compliant identity-proofing and audio-video recording.

05

Sign before notary

Signer must execute the disclosure in the notary’s presence when notarial acknowledgement is required.

06

Notary affidavit

Notary completes the certificate and records the journal entry.

07

Witness attestations

If witnesses are required, have them sign and provide contact information.

08

File retention

Store notarized originals or exported RON session records with the transaction file.

Real-world examples of broker disclosure usage

These customer stories illustrate typical scenarios where a clear disclosure reduced friction and clarified responsibilities.

Martin Properties (Founder — Tim Martin)

Tim Martin used an online disclosure to manage multiple listing interactions efficiently

The streamlined form reduced questions at showings
He reported processing full transaction packets online with consistent compliance and secure records for mobile and offline signing workflows.

Optica Ventures LLC (COO — Brian Fitzgibbons)

Optica Ventures standardized broker disclosures across offices to ensure uniform client notices

Centralized templates reduced revision cycles
The team found the interface simple for staff and customers while producing auditable records for regulatory review.

Typical eSignature vendor comparison for Broker Disclosures

Select a vendor that supports audit trails, secure storage, and the authentication level required by your state and firm policy.

	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 by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

FAQs — common questions about Broker Disclosures

Answers to frequent questions about delivery method, electronic signatures, and recordkeeping for broker disclosures.

Need help? Contact support

Can the disclosure be signed electronically?
Yes in most U.S. jurisdictions. Electronic signatures meeting ESIGN and UETA requirements are accepted; New York uses ESRA. Confirm state-specific exceptions before relying on e-signature for any restricted document types.
When must it be provided?
Provide the disclosure at or before the first substantive contact or when an agency relationship is established. Timely delivery prevents later disputes about duties and confidentiality.
Is notarization required?
Generally no for standard broker disclosures, but specific transactions or firm policies may require notarization. Check state rules and document-level requirements before notarizing.
What happens if a party refuses to sign?
Document the refusal and the date provided. Refusal may limit certain types of agency or require escalation to supervising broker or legal counsel for next steps.
How long must the disclosure be kept?
Retention typically equals the active period plus at least 3 years; some states or transaction types require longer retention. Follow IRS and state recordkeeping guidance where applicable.
Can disclosures be delivered via MLS or portal?
Yes, delivering through the MLS or secure portals is common; ensure delivery method provides an auditable trail and ability to reproduce the record.

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