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Real Estate Disclosure of Representation

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Real Estate Disclosure of Representation

Property Address:   APN/Parcel Number:

Party Identification

Buyer Seller Other (describe):

Agent / Brokerage Identification

Disclosure of Representation

The agent and brokerage identified above disclose their representation status in connection with the contemplated transaction involving the property identified above. The nature of representation determines fiduciary duties, confidentiality obligations, and permissible communications. The agent/broker certifies that the following accurately describes the representation being offered or provided at the time of this disclosure:

Seller's Agent (represents seller only)
Buyer's Agent (represents buyer only)
Transaction Broker / Facilitator (limited, non-fiduciary assistance to both parties)
No Agency / Customer (no representation; licensee will deal with party as a customer)
Dual Agent (represents both parties with disclosed limited agency) — requires client consent below

Date of Disclosure:

Dual Agency / Consent

If Dual Agency is indicated above, the client must affirmatively consent. Dual agency limits the agent's ability to advocate exclusively for either party. By checking the appropriate box below, the client either consents to or refuses dual agency:

I consent to Dual Agency / Disclosed Limited Agency.
I do not consent to Dual Agency.

Client Acknowledgements

By signing below, the client acknowledges receipt of this written disclosure, understands the nature and limits of the representation identified above, and understands that:

  1. Fiduciary duties such as loyalty, confidentiality, and full disclosure are affected by the type of representation selected.
  2. Dual agency, if applicable, requires informed consent and limits advocacy and the sharing of certain confidential information between parties.
  3. The client must promptly disclose material information to the agent that the client expects the agent to use in the transaction.
  4. The agent will not disclose the client's bargaining position, lowest acceptable price, or other confidential information unless the client expressly authorizes such disclosure in writing.

Client received this disclosure prior to entering into any agency agreement:   Client understands role of the agent:

Property Condition Disclosures (Acknowledgement)

The following are high-level disclosures the client acknowledges as part of the representation process. These acknowledgements do not replace any statutory property disclosure forms required by law.

Lead-Based Paint Present?   Yes No Unknown

Mold or Water Intrusion?   Yes No Unknown

Prior Structural or Major Damage?   Yes No Unknown

Legal Provisions

Governing Law: This Disclosure shall be governed by the law of the state in which the property is located. Any dispute arising under this Disclosure shall be resolved pursuant to such law.

Entire Agreement: This Disclosure, together with any agency agreement signed by the parties, constitutes the entire written statement of the parties' understanding as to the matters addressed herein and supersedes any prior oral representations regarding representation.

Indemnification and Reliance: The client acknowledges that the client has been advised to verify all material facts concerning the property and transaction. The client agrees to indemnify and hold harmless the agent and brokerage for reliance on factual statements supplied by the client or third parties, except for willful misconduct or gross negligence by the agent.

Remedies: Breach of the acknowledgements or consents contained in this Disclosure may entitle the non-breaching party to remedies under applicable law, including injunctive relief and recovery of damages as allowed by law.

Agent Certification

I certify that I am a licensed real estate agent or broker, that the representation options checked above were explained to the client, and that I have complied with applicable disclosure obligations required by law and regulation in making this disclosure.

Client:

Print Name:

By:

Date:

Agent / Broker:

Print Name:

By:

Date:

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What the Real Estate Disclosure of Representation Is

The Real Estate Disclosure of Representation is a written statement that explains which agent or broker represents which party in a residential or commercial transaction. It typically identifies the agent's brokerage, whether the agent represents the seller, buyer, or both (dual agency where allowed), and the scope of duties and limitations. Delivering this disclosure clarifies agency relationships early in a transaction, helps manage conflicts of interest, and creates a record that parties can rely on during negotiations, inspections, and closing.

Why Delivering a Clear Disclosure Matters

A timely disclosure protects consumers and licensees by documenting who acts on whose behalf, reducing misunderstandings, and supporting regulatory compliance under state real estate laws and consumer-protection standards.

Why Delivering a Clear Disclosure Matters

Who typically completes and receives this disclosure

Proper distribution and retention reduce regulatory risk and make roles and responsibilities transparent throughout the deal lifecycle.

  • Listing agents provide the disclosure to sellers and to prospective buyers at first substantive contact.
  • Buyer agents give the disclosure to buyers when beginning representation or prior to negotiations.
  • Brokerage compliance teams retain copies for license law audits and dispute resolution.

Representative signer types

Broker Jane Smith

Jane Smith, a licensed broker supervising listing and buyer agents, signs to certify brokerage affiliation, confirm agency disclosures were presented, and to accept responsibility for the actions of affiliated agents in the transaction.

Buyer Agent Tom Lee

Tom Lee, acting as the buyer's agent, signs to acknowledge the representation relationship was disclosed to the buyer and to confirm the buyer received information about duties, compensation, and conflict-management procedures.

Core elements included in a professional disclosure

A complete disclosure of representation sets out identities, duties, limits, compensation, duration, and signature acknowledgment so all parties understand their relationship and the agent's obligations.

Parties

Full legal names for seller(s), buyer(s), agent(s), and brokerage with contact information so identity and affiliation are unambiguous in the transaction record.

Agency Role

Explicit statement whether the agent represents the seller, buyer, both, or is acting as a transaction broker, and the practical implications of that role for negotiations.

Scope of Duties

Summary of key duties such as confidentiality, loyalty, disclosure obligations, and whether the agent will provide valuation advice or limited services.

Compensation

Disclosure of who pays the agent, how commission or fees are calculated, and any potential referral or cooperative compensation arrangements.

Term and Termination

Effective date, duration of representation, and steps for early termination or withdrawal from the agency relationship, when applicable.

Signatures

Signature blocks for agent and client with dates, and any required acknowledgment that the client received and understood the disclosure.

Required information typically captured

Property Address: Street, city, state
Seller/Buyer Name: Full legal name
Agent Name: Agent full name
Brokerage: Brokerage legal name
Representation Status: Buyer, seller, dual, or transaction broker
Effective Date: MM/DD/YYYY

Step-by-step: completing the disclosure

Follow these sequential steps to produce a clear, enforceable disclosure and preserve the record for compliance or disputes.

  • 01
    Prepare the form: Populate parties, property, and brokerage fields.
  • 02
    Select representation: Indicate buyer, seller, dual, or transaction broker.
  • 03
    Get signatures: Obtain client and agent signatures with dates.
  • 04
    Store the record: Save signed copy in transaction file and retention system.

Where and how the disclosure is submitted

The disclosure is delivered directly to the client and retained by the brokerage; the process below summarizes typical routing and storage.

  • Delivery to Client: Provide at first substantive contact or before negotiations, per local practice.
  • Agent Acknowledgment: Agent signs to confirm delivery and explanation of duties.
  • Broker Retention: Brokerage retains a copy in the transaction file for compliance.
  • Closing Package: Include the disclosure in closing documentation when required.

Configuring an online disclosure workflow

Set up fields, signer sequence, and authentication before sending to ensure a smooth e-signature process.

Field Configuration
Signers Agent then client
Authentication Email + optional SMS code
Required Fields Property, names, representation status
Retention Audit trail + PDF export

Technical considerations for eDelivery and eSigning

Maintain a retrievable audit trail and control access to signed disclosures to meet recordkeeping and compliance expectations.

  • Authentication Options: Email link, SMS code, knowledge-based verification
  • Document Formats: PDF or DOCX with embedded audit metadata
  • Integrations: CRM and transaction management integrations

Timing: when to deliver and retain disclosures

Timing expectations vary by state and brokerage policy; below are common timeframes to follow to avoid regulatory issues.

Initial Delivery:

At first substantive contact or when representation begins

Before Negotiation:

Provide prior to entering offers or counteroffers

Acknowledgment Date:

Date on client signature confirms receipt

Broker File Retention:

Retain with transaction records per state law

Audit Access:

Make available promptly for license authority requests

Key milestones in the disclosure lifecycle

Sequential milestones help ensure compliance and create an auditable record from initial contact through post-closing retention.

01

Initial Contact

Begin agency discussion and record the date of first substantive communication.

02

Disclosure Delivery

Provide the written disclosure and explain agency duties to the client.

03

Execution

Obtain client and agent signatures with dates to evidence receipt and consent.

04

Recordkeeping

Store signed disclosure in the brokerage transaction file for the required retention period.

Common pitfalls to avoid when preparing the disclosure

  • Failing to deliver the disclosure at first substantive contact, which can create regulatory exposure and client confusion.
  • Using inconsistent names or addresses between documents, leading to enforceability questions at closing or in disputes.
  • Relying on unsigned or initialed drafts without clear signature dates, which weakens the evidentiary value of the record.
  • Storing acknowledgments in unsecured email accounts rather than the transaction file, risking loss or unauthorized access.

Consequences of incorrect or missing disclosures

License Discipline: Sanctions or fines by state real estate commission
Civil Liability: Claims for misrepresentation or breach of duty
Contract Rescission: Potential for undoing negotiated agreements
Monetary Fines: Administrative penalties under state law
Lost Commissions: Disputes affecting compensation recovery
Reputational Risk: Damaged client trust and referral losses

Real-world examples from practitioners

Practical examples show how digital disclosures streamline transactions and preserve compliance records across mobile and office workflows.

Martin Properties — Tim Martin

Tim Martin used an e-signed disclosure to document representation for remote buyers

  • Mobile signing saved client travel time
  • The digital record ensured 100% compliance and fast closing even when parties worked remotely.

Optica Ventures — Brian Fitzgibbons

Optica standardized disclosures across agents to reduce errors

  • Template use eliminated missing fields
  • This consistency simplified audits and improved internal transaction reviews for the brokerage.

Supporting documents commonly included with the disclosure

Attaching relevant documents alongside the disclosure creates a complete transaction file and reduces follow-up questions.

Seller Disclosure

Property condition statements, material defect disclosures, and lead-based paint forms where applicable should accompany agency disclosures for transparency.

Purchase Agreement

Draft purchase or offer documents provide context for the agency relationship and show how duties apply during negotiation and contract formation.

Agency Consent

Written client consent for dual representation or limited representation clarifies expectations and reduces conflict risk.

Brokerage Addendum

Broker-specific policies, fee schedules, or dispute-resolution clauses included as an exhibit support compliance and client understanding.

Updating or revising an existing disclosure

Follow a controlled amendment process to preserve original records and track changes when representation terms change.

01

Identify Change:

Note what specifically needs revision
02

Prepare Amendment:

Create a clearly dated addendum
03

Get Consent:

Obtain signatures from affected parties
04

Record Version:

Keep both original and amendment
05

Notify Stakeholders:

Inform title, lender, and transaction parties
06

Archive:

Store with transaction file

eSignature vendor pricing and feature snapshot for disclosures

High-level plan and feature differences for common eSignature vendors; signNow is shown first for direct comparison without implying recommendation.

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
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently asked questions about disclosures

Answers to common questions about delivery, signatures, recordkeeping, and electronic execution for Real Estate Disclosures of Representation.


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