Can the disclosure be signed electronically?

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

Do I need a separate consent for marketing?

If you plan to use personal data for marketing beyond transaction-related purposes, obtain a clear opt-in or explain the opt-out mechanism consistent with applicable state privacy laws.

How long must I retain signed disclosures?

Retain executed disclosures for the transaction term plus at least three years; longer retention may be required for tax or HIPAA-covered records.

What if a client withdraws consent?

Document the withdrawal, stop non-essential sharing, and retain a record of the request; certain processing may continue where legally required or contractually necessary.

Is notarization required for the disclosure?

Not typically. Privacy disclosures rarely require notarization, though some related real estate instruments may; follow state-specific notarization rules where applicable.

How should I store signed disclosures securely?

Store tamper-evident PDFs with audit trails in encrypted storage, limit access by role, and preserve metadata such as timestamps and signer authentication details for audits.

Electronic Signature
Templates
Real estate
Real Estate Privacy Disclosure

Real Estate Privacy Disclosure

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

REAL ESTATE PRIVACY DISCLOSURE

This Privacy Disclosure describes how personal information relating to a prospective buyer, seller, tenant, or other client (collectively, the Client) may be collected, used, retained, disclosed, and protected in connection with real estate services. Client and Broker/Agent are identified below and acknowledge receipt of this disclosure.

Parties

Client Name:

Client Contact Information

Broker/Agent Name:

Brokerage Contact Information

Property Identification

Property Address Parcel / APN Number Legal Description

Notice of Collection and Use

The Broker/Agent may collect and maintain personal information necessary to provide real estate services, including but not limited to: identifying information, financial and income information, credit reports, transaction records, identification numbers, employment information, and communications. Such information is used to evaluate eligibility for purchase or lease, process transaction-related services, arrange financing, verify identity, and comply with legal obligations.

Types of Information Collected (Check all that apply)

Identifying information (name, address, birth date)
Financial and income information
Credit reports and credit history
Transaction and title records
Identification numbers (tax ID, SSN) when required

Disclosure and Sharing

The Broker/Agent may disclose personal information to third parties for purposes related to transaction processing and performance of services, including other agents and brokers, lenders, escrow and title companies, inspectors and contractors, municipal authorities, and as required by law. Unless the Client affirmatively permits marketing disclosures below, Broker/Agent will limit sharing for marketing purposes.

Client Choices Regarding Disclosure (select one per item)

I consent to sharing information with lenders, title and escrow for transaction processing
I consent to sharing information with inspectors, contractors, and service providers necessary to complete services
I consent to sharing my information for marketing and promotional communications
I do not consent to sharing information for marketing purposes (opt-out)
I consent to disclosures to cooperating brokers and agents as required by MLS or showings

Retention, Protection, and Security

Personal information will be retained only as long as necessary to fulfill the transaction and recordkeeping obligations or as required by law. Broker/Agent maintains administrative, technical, and physical safeguards appropriate to the sensitivity of the information. However, no electronic transmission or storage is entirely secure; by providing information Client accepts limited risk of unauthorized access.

Client Rights and Requests

Subject to applicable law and Broker/Agent obligations to third parties, Client may request access to, correction of, or deletion of personal information. Requests should be submitted in writing to the Broker/Agent contact provided above. Broker/Agent may require reasonable verification of identity before processing a request.

Electronic Communications

The Client consents to receive communications from Broker/Agent and associated parties at the contact information provided, including text messages and emails, for transaction-related matters unless the Client withdraws consent. Message and data rates may apply.

Acknowledgment and Consent

By signing below, Client acknowledges receipt of this Real Estate Privacy Disclosure, confirms that the information provided is accurate to the best of Client's knowledge, and consents to the collection, use, and disclosure practices described herein to the extent selected by Client. Client understands that refusal to provide certain information may limit Broker/Agent's ability to provide certain services.

Disclosure Date

Legal Provisions

Governing Law: This Disclosure shall be governed by the laws of the state where the property is located to the extent applicable. Entire Agreement; Severability: This Disclosure constitutes the entire agreement regarding privacy practices between Client and Broker/Agent with respect to the property transaction; if any provision is held invalid, the remaining provisions remain effective. No Waiver: Failure to enforce any provision shall not constitute a waiver of rights.

Certification: I certify under penalty of perjury that the information provided on this Disclosure is true and correct to the best of my knowledge, and that I have the authority to sign for the party I represent.

Client Printed Name:

By:

Date:

Broker/Agent Printed Name:

By:

Date:

What the Real Estate Privacy Disclosure Is and When It Applies

A Real Estate Privacy Disclosure is a written notice provided to clients and transaction parties that explains what personal information is collected, how it is used, who it may be shared with, and how long it will be retained. In residential and commercial transactions this disclosure covers identifiers, financial data, contact details, and any sensitive information collected to evaluate or close a sale, lease, mortgage, or property management engagement. The disclosure complements contract terms and consumer privacy rights under state and federal laws and is often required when data will be shared for marketing, screening, or third-party services.

Why a Clear Privacy Disclosure Matters in Real Estate

A concise, accurate disclosure reduces legal risk, builds trust with clients, and documents consent to collect and share personal data. It supports compliance with federal e-signature law and state privacy statutes while making obligations and retention practices transparent to buyers, sellers, and agents.

Core Elements to Include in a Professional Real Estate Privacy Disclosure

A professionally prepared disclosure is brief, readable, and legally complete. Include clear categories of data collected, permitted uses, recipients, retention periods, rights and opt-outs, and how to contact the responsible party for questions or requests.

Data Categories

List personal identifiers, financial information, transaction history, and any special categories such as biometric or health-related data.

Permitted Uses

Explain processing purposes: transaction completion, credit checks, appraisal, title searches, fraud prevention, marketing, and regulatory reporting.

Third-Party Recipients

Name or describe categories of recipients such as lenders, title companies, insurers, MLS, service vendors, and marketing partners.

Consent & Rights

Describe consumer rights to access, correct, delete, or opt out under applicable state laws and how to exercise them.

Retention & Disposal

State retention periods and secure disposal practices for closed files, backups, and records held for legal or tax purposes.

Contact Information

Provide a compliance contact, mailing address, and an email address for privacy inquiries and requests.

Step-by-Step: How to Complete and Provide the Privacy Disclosure

Follow these practical steps to prepare, share, and retain a compliant disclosure for every real estate transaction.

01

Prepare Form: Draft or select a disclosure template that lists data types, uses, recipients, and retention.
02

Populate Fields: Complete party names, effective date, and contact information accurately.
03

Deliver to Parties: Provide the disclosure to buyers, sellers, tenants, or applicants before collecting nonpublic personal data.
04

Record Consent: Capture signed consent or acknowledgement and retain an audit record with timestamp and signer identity.

Who Typically Prepares and Receives This Disclosure

Real estate brokers, property managers, title companies, mortgage lenders, and landlords commonly prepare the disclosure to comply with privacy rules and inform clients.

Keep a copy in the transaction file and record how and when the disclosure was delivered and acknowledged by the relevant parties.

Real-World Examples of How Privacy Disclosures Are Used

These short examples show common scenarios and practical wording choices for disclosures in real estate transactions.

Broker Disclosure

An agent provides a one-page notice at client intake explaining collection of credit and ID data

used for screening and offers
the broker retains signed acknowledgement and stores a timestamped e-signed copy in the client file for at least three years.

Property Manager Notice

A property manager includes a privacy clause in the rental application outlining tenant data uses

enables identity verification and background checks
applicants receive the notice before submission and sign digitally, with secure retention and limited internal access.

Essential Data Elements to Capture on the Disclosure

Full Name: Required

Contact Information: Address, email, phone

Data Categories: Financial, identifiers

Purpose: Transaction support

Retention Period: Specified

Contact Method: Privacy officer

Key Legal Risks and Consequences of an Inadequate Disclosure

Regulatory Fines: State privacy penalties

Contract Disputes: Claims of improper sharing

Reputational Harm: Loss of client trust

Data Breach Liability: Enhanced exposure

Transactional Delay: Closings held up

Audit Findings: Compliance violations

Common Mistakes to Avoid When Preparing the Disclosure

Overly broad language that fails to specify the categories of personal information collected or the specific third-party recipients, making it hard for clients to understand how their data will be used.
Failing to obtain a clear consumer acknowledgement or signature before collecting nonpublic personal information, which undermines reliance on electronic consent and can lead to disputes.
Misstating retention practices or failing to follow stated deletion schedules, exposing the firm to regulatory scrutiny and undermining data minimization principles.
Not tailoring the disclosure to state privacy laws (for example, California Consumer Privacy Act) or industry-specific rules, which can create gaps in legal compliance.

Configuring an Online Disclosure Workflow

Set up the digital form to capture required fields, collect consent, and generate an auditable record for each signer.

Field	Configuration
Signature Field	Required; date-stamped
Initials	Optional; use for page acceptance
Checkbox Consent	Must require active click
Audit Trail	Enable IP, timestamp, and device

Where to Send and How to File the Completed Disclosure

Follow these routing steps to ensure the executed disclosure is preserved and accessible for audit or legal needs.

Deliver to Client: Email or present via signing portal before data collection.
Store in Transaction File: Attach signed copy to listing or lease file.
Share with Service Providers: Provide only necessary sections to vendors under confidentiality terms.
Provide Copy on Request: Supply client with retained PDF and access instructions.

Digital Signing and eSubmission Considerations

Choose a secure eSignature platform that supports audit trails, conditional fields, and access controls for privacy disclosures.

File Formats: PDF and DOCX supported
Authentication: Email link, SMS code, or stronger
Integrations: CRM, MLS, document storage

Ensure the chosen platform stores tamper-evident copies, preserves metadata, and supports export for retention and legal review.

Selected eSignature Pricing and Feature Snapshot for Disclosures

Compare starting prices and core capabilities commonly used to sign privacy disclosures electronically. Pricing models and features vary by plan and billing frequency.

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

Frequently Asked Questions About the Real Estate Privacy Disclosure

Answers to common questions about delivery, e-signing, data sharing, and recordkeeping for privacy disclosures in real estate transactions.

Need help? Contact support

Can the disclosure be signed electronically?
Yes. Electronic signatures are valid under the federal ESIGN Act (15 U.S.C. §7001) and UETA in most states provided intent, consent, attribution, and reliable record retention are satisfied.
Do I need a separate consent for marketing?
If you plan to use personal data for marketing beyond transaction-related purposes, obtain a clear opt-in or explain the opt-out mechanism consistent with applicable state privacy laws.
How long must I retain signed disclosures?
Retain executed disclosures for the transaction term plus at least three years; longer retention may be required for tax or HIPAA-covered records.
What if a client withdraws consent?
Document the withdrawal, stop non-essential sharing, and retain a record of the request; certain processing may continue where legally required or contractually necessary.
Is notarization required for the disclosure?
Not typically. Privacy disclosures rarely require notarization, though some related real estate instruments may; follow state-specific notarization rules where applicable.
How should I store signed disclosures securely?
Store tamper-evident PDFs with audit trails in encrypted storage, limit access by role, and preserve metadata such as timestamps and signer authentication details for audits.

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