Agency disclosure · 6 statesReal estate agency disclosure requirements by state: what to give, and when
Every state requires agents to tell consumers, in writing and early, whom they represent – but the trigger differs: Texas at the first substantive communication about a property (IABS), California before the listing agreement or the buyer's offer, Florida before showing property, North Carolina at first substantial contact, Virginia before specific real estate assistance to an unrepresented party, and Washington before a services agreement or an unrepresented party's offer. Most require a signed acknowledgment the TC should keep in the file.
State by state
Texas (Occ. Code §§1101.558, 1101.563)
IABS notice at the first substantive communication with a party about a specific property. Since January 1, 2026, a written buyer agreement before showing a home – or before presenting an offer if nothing is shown.
California (Civil Code §§2079.14, 2079.17)
Agency disclosure form to the seller before the listing agreement; to the buyer as soon as practicable before the buyer-broker agreement and the offer – or by the next business day if the agent did not prepare the offer. Signed acknowledgment; the relationship is confirmed in the contract.
Florida (§475.278)
Licensees are presumed transaction brokers; dual agency is not allowed. Single agent duties are disclosed in writing before or when the listing or representation agreement is signed, or before showing property, whichever is first; no-brokerage-relationship duties before showing.
North Carolina (21 NCAC 58A .0104)
“Working with Real Estate Agents” at first substantial contact, with the broker's name and license number – or within three days if contact was by phone or online. Buyer agency must be written and signed no later than an offer; dual agency needs each party's written authority.
Virginia (§54.1-2138)
To a buyer or seller who is not a client and not represented, written disclosure of the licensee's brokerage relationship at the earliest practical time, no later than when specific real estate assistance is first provided; changes disclosed in writing.
Washington (RCW 18.86.030)
The state pamphlet with an acknowledgment of receipt before a party signs a services agreement, or before an unrepresented party signs an offer; written disclosure of whom the broker represents before the principal signs an offer, and before mutual agreement.
What the TC checks in the file
- The state's disclosure form signed and dated before the trigger – listing, showing, offer or first substantive contact.
- The buyer representation agreement, where required, signed before showing or before the offer.
- The agency confirmation in the purchase contract matching the disclosures.
- Any change in the relationship disclosed again in writing.
Questions about agency disclosure
When must a California agent give the agency disclosure form?
To the seller before the listing agreement; to the buyer as soon as practicable before the buyer-broker agreement and the offer, or by the next business day if the agent did not prepare the offer (Civil Code §2079.14).
Is dual agency allowed in Florida?
No. Florida licensees may act as transaction brokers or single agents, and are presumed to be transaction brokers unless another relationship is established in writing (§475.278).
When is the North Carolina “Working with Real Estate Agents” brochure required?
At first substantial contact with a prospective buyer or seller, or within three days if that contact was by phone or electronic means (21 NCAC 58A .0104(c)).
What does Washington require agents to give buyers and sellers?
The state's real estate brokerage pamphlet with an acknowledgment of receipt, and a written disclosure of whom the broker represents before an offer is signed (RCW 18.86.030).
When is the Texas IABS required?
At the first substantive communication with a party about a specific property (Occupations Code §1101.558).
Related guides
Keep each signed agency disclosure with the deal in ClosingCode and track any missing one as a task with an owner and due date before the offer goes out.
Start free trialSources: Texas Occupations Code §§1101.558, 1101.563; California Civil Code §§2079.14, 2079.17; Florida Statutes §475.278; 21 NCAC 58A .0104; Code of Virginia §54.1-2138; RCW 18.86.030 – read at the official sources, October 24, 2026.
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.