New York · Real Property Law §443New York agency disclosure form: when each agent gives it and what happens if a party won't sign

For residential real property – one-to-four family homes and condominium or cooperative apartments – New York requires agents to give the statutory disclosure form in Real Property Law §443(4) and get a signed acknowledgment (§443(1)(f), (3)). A listing agent gives it to the seller before entering into the listing agreement; a seller's agent gives it to a buyer or buyer's agent at the first substantive contact with the buyer; and a buyer's agent gives it to the buyer before entering into the buyer agency agreement, and to the seller or seller's agent at the first substantive contact with the seller (§443(3)(a)–(c)). The agent gives the party a copy of the signed acknowledgment and keeps a copy for at least three years; if a party refuses to sign, the agent makes a written declaration under oath or affirmation of the facts of the refusal and keeps it for three years (§443(3)(d)–(e)). A seller or buyer can give advance informed consent to dual agency, and to dual agency with designated sales agents, on the same form (§443(3)(f)).