When should the disclosure be delivered?

Provide the disclosure at first substantive contact or before or at the time the broker begins to provide services. Early delivery documents consent and reduces later disputes about representation.

Can a client sign electronically?

Yes. Electronic signatures are generally valid under ESIGN and UETA where those laws apply. Use an audit trail and obtain consumer consent if required by consumer-facing regulations.

Is notarization required for the disclosure?

Not usually. Notarization is typically required for deeds or certain powers of attorney; disclosures are generally signed without notarization unless state or brokerage policy specifically requires it.

What if a party refuses to sign?

Document refusal in writing, advise the client of implications, and seek supervisory or legal guidance. Lack of a signed disclosure can increase regulatory and transactional risk.

How should records be stored?

Keep signed disclosures and audit trails in a secure, access-controlled repository with tamper-evident storage and retention policies aligned to tax and licensing requirements.

Who enforces these requirements?

State real estate commissions enforce licensing and disclosure obligations. Civil claims may arise in disputes; maintain records to show compliance and client consent.

Electronic Signature
Templates
Real estate
Real Estate Brokerage Disclosure

Real Estate Brokerage Disclosure

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

REAL ESTATE BROKERAGE DISCLOSURE

Brokerage and Agent Identification

Brokerage Name:

Company Name Broker of Record / Managing Broker Broker License Number Agent Name Agent License Number Contact Phone Contact Email

Property Identification

Property Address Parcel / APN Number Legal Description

Client Identification

Client Name Client Role (check one or more as applicable)

Buyer
Seller
Other (specify below)

If Other, describe relationship to transaction Client Contact Address Client Phone Client Email

Nature of Brokerage Relationship

The brokerage relationship between the parties and the brokerage listed above will be (check applicable relationship(s)). Each selection is subject to the duties and limitations described in the sections below.

Seller's Agent (represents the seller only)
Buyer's Agent (represents the buyer only)
Transaction Broker / Facilitator (assists both parties without fiduciary duties)
Dual Agent (represents both buyer and seller; limited representation)
No Brokerage Relationship (broker provides ministerial acts only)

Duties: Unless otherwise agreed in writing, the broker and agent owe the client the duties of honesty, reasonable care and skill, diligent performance of duties, presentation of all offers and counteroffers in a timely manner, and the disclosure of material facts known to the agent. When acting as a dual agent, the broker's duties are limited by law and by the client's informed written consent.

Client Consent to Dual Agency

If Dual Agent is selected above, the client must provide informed consent below.

I consent to dual agency with the named brokerage and agent.
I do not consent to dual agency; I require separate representation.

Compensation and Fees

Compensation to the brokerage may be paid by the seller, buyer, or other party. The source and amount of compensation may affect the agent's obligations. Indicate below the agreed compensation arrangements and any splits with cooperating brokers.

Compensation Terms (describe amount or formula)

Compensation paid by Seller
Compensation paid by Buyer
Compensation paid by Third Party (specify)

If Third Party, describe

Conflicts of Interest and Material Relationships

The broker and agent must disclose any known material relationship or interest in the property, any related-party transaction, and any prior dealings with the other party to the transaction.

Does the broker or agent have any ownership interest, familial relationship, or financial interest in the subject property or the parties? Yes No

If Yes, provide details

Known Property Conditions (Broker Disclosures)

The broker discloses the following known conditions regarding the property. If none are known, indicate none.

Known lead-based paint hazard No known lead-based paint hazard

Known mold issues No known mold issues

Prior structural or water damage known No known prior structural or water damage

If any of the above is yes, provide details

Confidentiality and Client Instructions

The broker will keep confidential all information provided by the client that would materially harm the client's negotiating position unless disclosure is required by law or authorized in writing by the client. Confidential information does not include facts that are readily observable or disclosed to all parties.

Client acknowledges confidentiality terms and authorizes the broker to act pursuant to this disclosure.

Acknowledgement and Effective Date

Client acknowledges receipt of this Real Estate Brokerage Disclosure, understands the types of relationships selectable above, and confirms the accuracy of the disclosed information. This disclosure is effective as of:

Certification: The undersigned client affirms that the information provided in this form is true and complete to the best of the client's knowledge. The broker certifies that the information provided in this disclosure is true and complete to the best of the broker's knowledge and that the broker is licensed to practice real estate in the applicable jurisdiction.

Miscellaneous Provisions

Governing Law: This disclosure and any disputes arising out of the broker-client relationship shall be governed by the laws of the jurisdiction in which the property is located. Entire Agreement: This disclosure, together with any separate written agency agreement executed by the parties, constitutes the entire agreement regarding brokerage relationships and supersedes all prior negotiations and understandings.

Client Name:

By:

Date:

What the Real Estate Brokerage Disclosure Is and why it matters

A Real Estate Brokerage Disclosure is a written statement provided by a broker or agent that explains the broker’s relationship to the buyer, seller, or both, and discloses material relationships, conflicts of interest, or compensation arrangements. It documents agency status, dual agency permissions where permitted, and any referral or fee-sharing arrangements. The disclosure creates transparency for consumers, helps meet state licensing obligations, and becomes part of the transaction record used by brokers, clients, and regulators to confirm who represents whom and how commissions or incentives are handled.

Why completing the Brokerage Disclosure protects transactions

Completing the disclosure reduces legal risk by clarifying agency relationships, ensuring consumers understand representation and compensation, and supporting compliance with federal and state e-signature laws such as ESIGN and UETA. A clear disclosure helps prevent disputes over loyalty, confidentiality, and commission allocation while creating an auditable record for broker compliance reviews and regulatory inspections.

Who prepares and who receives the Brokerage Disclosure

The Brokerage Disclosure is prepared by brokers or their authorized agents and provided to prospective buyers, sellers, landlords, or tenants at the start of a relationship or when agency status changes.

Brokers and licensed agents who must record agency relationships and compensation structures for clients and regulatory compliance.
Home buyers and sellers who need to confirm who is representing their interests and whether dual agency applies.
Property managers, landlords, and tenants in rental transactions where broker compensation or dual representation may affect duties.

Provide the disclosure early—before negotiations or when agency changes occur—to document consent and reduce later disputes.

Primary signers and typical roles

Broker / Agent

A licensed broker or affiliated agent signs to confirm their agency status, disclose compensation arrangements and identify any relationships that could affect duties. Their signature documents who represents the client and the nature of any dual-agency or transaction-broker roles required by state law.

Client / Consumer

Buyer, seller, landlord, or tenant signs to acknowledge receipt, consent to the disclosed agency arrangements, and agree to any stated compensation or referral terms. Client signatures establish consent and create an evidentiary record if representation disputes arise.

Core elements every professional Brokerage Disclosure should include

A concise, consistent format reduces confusion. A professional disclosure lists agency type, parties, compensation, conflicts, dual-agency language where applicable, and signature blocks for all parties with dates and contact information for the broker and supervising broker.

Agency Type

Clearly state whether the broker acts as seller agent, buyer agent, transaction broker, or dual agent, and explain any limitations on confidentiality or loyalty implied by that role.

Parties

Identify the client(s) and the broker or brokerage firm by legal name, including license numbers where required by state law and the supervising broker if applicable.

Compensation

Describe commission amounts, referral fees, or other payments and note who pays them; disclose fee-splitting arrangements or payments from third parties.

Conflicts of Interest

Disclose any material relationships that could affect impartiality, such as business ties with buyers, sellers, or other vendors.

Dual Agency Terms

If dual agency is possible, provide consent language, describe limits on advocacy, and state whether separate written consent is required by the state.

Signatures and Dates

Provide dated signature blocks for broker and client and include witness or notary lines if the jurisdiction or company policy requires them.

Security and compliance features to include on the record

Transmission: TLS 1.2/1.3 encryption

Storage: AES-256 encrypted at rest

Audit Trail: Timestamps, IP, and action log

Access Controls: Role-based permissions

HIPAA Readiness: BAA available if required

Regulatory Standards: ESIGN and UETA compliant

Consequences of failing to disclose properly

Regulatory Fines: State licensing penalties possible

Contract Risk: Contracts may be voidable

Civil Liability: Damages for nondisclosure

Commission Disputes: Payment conflicts with clients

Reputational Harm: Loss of client trust

Document Challenges: Evidence weakened in litigation

Common preparation mistakes to avoid

Leaving agency type ambiguous or using inconsistent terminology between forms, which can create confusion about who owes fiduciary duties to whom and when.
Failing to disclose compensation or referral fees in plain language, making it difficult for consumers to evaluate financial relationships and triggering regulator scrutiny.
Overlooking required state-specific language for dual agency or transaction-broker consent, resulting in noncompliance with licensing rules.
Using undated signatures or mismatched names that complicate enforcement, cause processing delays, or trigger requests for corrected documentation.

Step-by-step: completing a Brokerage Disclosure accurately

Follow a consistent sequence to reduce errors: identify parties, confirm agency type, list compensation, disclose conflicts, obtain consent, and capture signatures with dates and authentication.

01

Identify Parties: Enter full legal names for all clients and the brokerage.
02

Select Agency: Choose the correct agency role and explain its meaning simply.
03

Disclose Compensation: Specify amounts or percent and who is responsible.
04

Sign and Date: Capture signatures with date and authentication method.

Configuring an online Brokerage Disclosure workflow

Define routing, required fields, and signer authentication before sending. A predictable workflow reduces errors and supports regulatory audits.

Step	Configuration
Routing Order	Broker → Client → Countersign if needed
Required Fields	Agency type, compensation, client name, signatures
Authentication	Email link or SMS code; KBA where required
Retention	Store signed copy, audit trail, and attachments

Where to send the signed Brokerage Disclosure and record keeping

Route the executed disclosure to the client, the broker’s office file, and the supervising broker; retain a signed copy in the transaction folder and the brokerage’s compliance system.

To Client: Email signed PDF and retain proof of delivery.
Broker File: Upload to transaction management system with audit trail.
Supervising Broker: Provide copy for compliance review where required.
Regulatory File: Keep in retention storage per company policy.

Digital signing and technical considerations

Choose a platform that supports strong audit trails, standard document formats, and the authentication level your state or brokerage requires.

Formats Supported: PDF and DOCX are standard
Integrations: CRM and storage integrations help automate filing
Authentication: Email, SMS, or advanced signer verification

Ensure the chosen solution preserves a tamper-evident signed file and stores the audit trail; many brokerages integrate eSignature with transaction management or document storage systems.

Real-world examples of handling Brokerage Disclosures

These concise examples show how brokerages document disclosure and reduce friction in closing and compliance workflows.

Martin Properties

Tim Martin used online disclosure forms to document agency clearly for remote clients

Saved time on in-person meetings
The team processed forms online with full audit trails, enabling efficient review and consistent compliance across mobile and desktop signings.

Optica Ventures

Optica’s operations team standardized an agency disclosure template for investment property deals

Reduced revision cycles
Standardized fields and templates improved turnaround, reduced disputes about representation, and simplified compliance reporting for the broker team.

Practical tips to ensure accurate and efficient completion

Adopt consistent templates and validate entries before sending to reduce corrections and regulatory risk; use clear language and record all consents.

Use Standard Templates

Provide a single, version-controlled disclosure template to ensure consistent language and simplify audits; avoid ad hoc edits that create inconsistencies across transactions.

Validate Names and Dates

Confirm full legal names and use MM/DD/YYYY dates; mismatches can delay closings and raise concerns in enforcement or commission disputes.

Capture Consent Early

Deliver disclosures at first substantive contact or when agency changes occur so consent is documented before negotiations begin.

Keep Audit Trails

Store signed PDFs and the platform audit trail together to demonstrate intent, attribution, and retention in the event of a complaint or review.

Frequently asked questions about Brokerage Disclosures

Answers to common questions about timing, signatures, e-signature validity, and recordkeeping for brokerage disclosures.

Need help? Contact support

When should the disclosure be delivered?
Provide the disclosure at first substantive contact or before or at the time the broker begins to provide services. Early delivery documents consent and reduces later disputes about representation.
Can a client sign electronically?
Yes. Electronic signatures are generally valid under ESIGN and UETA where those laws apply. Use an audit trail and obtain consumer consent if required by consumer-facing regulations.
Is notarization required for the disclosure?
Not usually. Notarization is typically required for deeds or certain powers of attorney; disclosures are generally signed without notarization unless state or brokerage policy specifically requires it.
What if a party refuses to sign?
Document refusal in writing, advise the client of implications, and seek supervisory or legal guidance. Lack of a signed disclosure can increase regulatory and transactional risk.
How should records be stored?
Keep signed disclosures and audit trails in a secure, access-controlled repository with tamper-evident storage and retention policies aligned to tax and licensing requirements.
Who enforces these requirements?
State real estate commissions enforce licensing and disclosure obligations. Civil claims may arise in disputes; maintain records to show compliance and client consent.

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