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name: real-estate-agency-disclosure language: en description: Drafts state-compliant real estate agency disclosure documents for residential transactions. Triggers at first substantive contact with buyers or sellers, when preparing pre-transaction disclosure forms, or when establishing representation relationships and fiduciary duties among transaction parties. tags:

• agreement
• drafting
• transactional

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Real Estate Agency Disclosure

Produces a jurisdiction-compliant disclosure establishing representation relationships and fiduciary duties before parties commit to a residential real estate transaction.

Required Inputs

1. Jurisdiction — state where property is located (drives all statutory requirements)
2. Parties — legal names of buyer(s), seller(s), licensee(s); brokerage names; license numbers
3. Transaction — property address; purchase or listing
4. Agency model — buyer's agent, seller's agent, dual agency, designated agency, or transaction brokerage

Workflow

1. Research Jurisdiction Rules

• Identify the state statute or regulation mandating the disclosure
• Confirm the delivery trigger (typically first substantive contact — verify state-specific timing)
• Determine permissible agency models and whether the state requires verbatim statutory language

2. Draft Document

Header: document title (use jurisdiction-mandated title if required), disclosure date, all party names with brokerage and license numbers.

Statutory basis: cite the specific statute, state the delivery trigger, note any timing variations.

Agency relationship definitions — include all models permitted in the jurisdiction:

Role	Represents	Core Duties
Seller's Agent	Seller exclusively	Loyalty, confidentiality, best price/terms for seller
Buyer's Agent	Buyer exclusively	Loyalty, confidentiality, best price/terms for buyer
Dual Agent	Both parties	Neutrality; no advocacy or cross-disclosure of confidential info
Designated Agent	Respective client (separate agents, same brokerage)	Full fiduciary to each; supervising broker is dual agent
Transaction Broker	Neither party	Honesty, material fact disclosure, ministerial care

Distinguish client (full fiduciary) from customer (honest dealing, no advocacy).

Core fiduciary duties where full agency applies: loyalty · confidentiality · disclosure · obedience · reasonable care · accounting.

3. Address Dual Agency / Alternatives

• State permits dual agency?
• Informed written consent required?
• Transaction broker/facilitator role available?
• Designated agency required in lieu of dual agency?

If prohibited: state explicitly and identify the required alternative. If permitted: include conspicuous warning that the agent cannot fully advocate for either party; consent required beyond this disclosure.

4. Acknowledgment Language

The disclosure must state:

• Receipt does not create an agency relationship
• Agency requires a separate written agreement
• Parties may choose any available representation type or proceed unrepresented
• Parties may seek independent legal counsel

5. Agency Election

Include on-form selection if jurisdiction requires:

• Seller's Agency
• Buyer's Agency
• Dual Agency (where permitted)
• Designated Agency
• Transaction Brokerage

6. Signature Blocks

Separate block per buyer, seller, and licensee: printed name, signature, date, license number and brokerage (licensees only). Include caption confirming receipt and understanding.

• Check whether jurisdiction requires witness signatures or notarization
• If electronic: confirm UETA / E-SIGN compliance [VERIFY]

Pitfalls

• Verbatim language — many states require exact statutory text; do not paraphrase without confirming flexibility
• Timing errors — cite the applicable delivery trigger explicitly; late disclosure can void the relationship
• Dual agency inadequacy — insufficient disclosure of limitations can void consent and create liability
• No recommendation — the disclosure informs of options; it must not advise which representation type to select
• NAR vs. statute — follow NAR guidelines but state statutory requirements control where they diverge
• [VERIFY] all statutory citations against the current state code and real estate commission regulations before use in an actual transaction