New York · Chapter 03 of 26 · Free with an account

Agency Disclosure, Dual Agency and Brokerage Practice

New York's RPL §443 agency disclosure forms, first substantive contact, informed consent to dual agency, designated sales agents, listing agreement types, stigmatized property and the independent contractor rules.

45-minute read · Built for the Salesperson Exam

RPL §443DOS-1736 (buyer/seller)DOS-1735 (landlord/tenant)first substantive contactdual agencyadvance consentdesignated sales agentexclusive right to sellexclusive agencyopen listingstigmatized property (§443-a)independent contractorIRC §3508

When the Agency Disclosure Form Is Required

RPL §443 requires agency disclosure only in residential transactions: real property improved by a one-to-four family dwelling, or condominium or cooperative apartments, but not vacant land. It applies to sales and rentals. The buyer-seller form is DOS-1736 and the landlord-tenant form is DOS-1735. Each form states 'THIS IS NOT A CONTRACT'; it explains the possible relationships so consumers can make informed choices. A licensee checks the box showing whom the licensee is acting for and in what capacity (seller's agent, buyer's agent, broker's agent, dual agent, or dual agent with designated sales agents), and the consumer signs to acknowledge receipt.

N.Y. Real Prop. Law §443(2)

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