How to Read the New York Section 443 Agency Disclosure Form

It is not a listing agreement, buyer agreement, lease, offer or contract of sale. The form says “THIS IS NOT A CONTRACT” near the top. Its job is disclosure and, when the relevant consent section is completed, written agency consent.

The form in one minute

Read the two-page form in this order:

1. Confirm that the correct version is being used for a sale or rental.
2. Read the definitions of each possible agency role.
3. Find the name of the licensee and brokerage providing the form.
4. See whether the broker acts in the interest of the seller, buyer, landlord or tenant.
5. Read the specific role checked below that party.
6. Check whether advance dual-agency consent is selected.
7. If designated agents are used, confirm both appointed names.
8. Read the acknowledgment and identify who signed and when.
9. Confirm that the signer received a copy.

Do not jump straight to the signature. The role and consent boxes above it give the signature its meaning.

Official source map

Real Property Law section 443 supplies the statutory definitions, timing rules, refusal procedure and prescribed buyer-seller and landlord-tenant forms. The Department of State publishes the forms as downloadable two-page documents.

The current Department page served form DOS-1736-f, revised September 2021, for buyer-seller transactions on August 27, 2026. It also served DOS-1735-f for landlord-tenant transactions. The revision date printed on a government form identifies that document version. It does not mean the law was last checked only on that date.

The Department's March 2026 Real Estate License Law booklet reproduces section 443. Its dual-agency memorandum explains why disclosure must be complete and why written informed consent matters.

Step 1: choose the correct form

New York uses two parallel Section 443 forms.

The structure is nearly the same. The sale form discusses seller's agents and buyer's agents. The rental form substitutes landlord's agents and tenant's agents.

Using the buyer-seller form for an apartment rental makes the roles harder to understand and does not follow the prescribed landlord-tenant text.

Step 2: confirm Section 443 applies

Section 443 applies to transactions involving “residential real property” as the statute defines it. The definition covers property used, occupied or intended to be used wholly or partly as a home and improved by:

• a one-to-four-family dwelling
• condominium apartments
• cooperative apartments

It does not include unimproved land on which those dwellings are to be constructed.

The statutory form requirement does not apply to a commercial transaction merely because a licensed broker is involved. It also does not apply under section 443 when a licensee works with a party in an agreed capacity other than as an agent, as section 443 defines that term.

Do not turn those limits into permission to conceal a relationship. Common-law agency can still arise from conduct, and section 443 says it does not limit or alter common-law agency.

Step 3: understand “THIS IS NOT A CONTRACT”

The bold statement prevents a common document mistake. Signing the disclosure is not the same as hiring a broker or agreeing to pay compensation.

Compare the documents:

A consumer may sign more than one of these documents in the same transaction. Each answers a different question.

Step 4: read the role explanations on page one

The first page describes the available agency relationships. Each role tells you three things:

• who the client is
• what duties the agent owes that client
• what duties remain when dealing with the other party

Seller's agent

A seller's agent represents the seller's interests and works to secure a buyer at a price and on terms acceptable to the seller.

The form lists fiduciary duties to the seller, including reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and the duty to account. It also says the seller's agent does not represent the buyer.

When dealing with the buyer, the seller's agent still must exercise reasonable skill and care, deal honestly, fairly and in good faith, and disclose known facts materially affecting the property's value or desirability except as otherwise provided by law.

Buyer's agent

A buyer's agent represents the buyer's interests and negotiates for a price and terms acceptable to the buyer.

The same core fiduciary duties run to the buyer. The form expressly says the buyer's agent does not represent the seller.

In dealing with the seller, the buyer's agent must use reasonable skill and care and deal honestly, fairly and in good faith. The form also addresses disclosure of known facts materially affecting the buyer's ability or willingness to perform, to the extent disclosure is not inconsistent with fiduciary duties to the buyer.

Landlord's agent and tenant's agent

The rental form follows the same logic. The landlord's agent seeks a tenant on terms acceptable to the landlord and owes fiduciary duties to the landlord. The tenant's agent negotiates rent and lease terms for the tenant and owes fiduciary duties to the tenant.

Always ask which principal receives loyalty. “The agent showed me the apartment” does not answer that question.

Broker's agent

A broker's agent cooperates with or is engaged by a listing agent, buyer's agent or tenant's agent, but does not work for the same firm as that agent. The broker's agent assists that agent for the benefit of the underlying client.

The form says the buyer, seller, landlord or tenant does not have a direct relationship with the broker's agent and cannot give the broker's agent instructions directly. Direction comes from the listing agent, buyer's agent or tenant's agent that engaged or cooperates with the broker's agent.

Avoid confusing a broker's agent with:

• an associate broker working inside the same brokerage
• a salesperson employed or associated with the listing broker
• a subagent merely because another firm is involved
• a buyer's agent who has a direct agreement with the buyer

Step 5: read the dual-agency warnings

Dual agency occurs when the broker represents both principals in the same transaction. The sale form addresses buyer and seller. The rental form addresses tenant and landlord.

The form warns that:

• both principals must give informed consent in writing
• the agent cannot provide the full range of fiduciary duties to each side
• the agent must explain that the other party is also represented
• each principal gives up the right to the agent's undivided loyalty
• each principal should consider the consequences before consenting

This section is not promotional language. It explains a real limitation on representation.

Step 6: understand designated sales agents

When both principals give informed written consent, the dual-agent broker may appoint one sales agent to represent one side and another sales agent to represent the other side in negotiations.

The designated agents advocate for their assigned principals, but the form says they cannot provide the full range of fiduciary duties and cannot provide undivided loyalty. They remain under the supervision of the dual-agent broker.

Designated agency is therefore a structure inside consented dual agency. It is not two entirely independent brokerages, and it does not erase the broker's dual role.

Step 7: identify who provided the form

Near the bottom of page two, the form asks for:

• the printed name of the licensee who provided it
• the printed name of the company, firm or brokerage

These fields connect the disclosure to a real person and brokerage. A blank form handed to the consumer without identifying the provider does not clearly document who made the disclosure.

For an exam fact pattern, match the licensee's stated conduct to the brokerage role checked below.

Step 8: read the “acting in the interest of” section

The form next identifies the side whose interest the broker serves.

On the buyer-seller form, the first choice is seller or buyer. Under those headings, the form offers relationship choices such as:

• seller's agent
• buyer's agent
• broker's agent
• dual agent
• dual agent with designated sales agents

On the landlord-tenant form, the corresponding choices use landlord and tenant.

This is not a menu for checking every role that might someday occur. The selections should communicate the actual relationship being disclosed.

How to read common combinations

If the boxes conflict with what the licensee says or does, stop and clarify the relationship. Ambiguity defeats the purpose of disclosure.

Step 9: separate current role from advance consent

The form contains two related but different areas.

Current relationship area

This area states the role being disclosed, such as seller's agent, buyer's agent, broker's agent, dual agent or dual agent with designated sales agents.

Advance informed-consent area

This area lets a principal agree in advance that dual agency, or dual agency with designated sales agents, may occur later.

Advance consent does not mean every future transaction automatically becomes dual agency without explanation. The agent must act consistently with informed consent and disclose the actual relationship. The Department's curriculum and section 443 treat advance consent as consent to a possible future role, not a reason to keep the principal unaware when the conflict materializes.

Do not check an advance-consent box merely to complete every blank. It records a serious choice about reduced loyalty.

Step 10: verify the designated-agent names

If dual agency with designated sales agents is selected, the form has separate blanks for the person appointed to represent each principal.

For a sale:

• one named agent represents the buyer
• one named agent represents the seller

For a rental:

• one named agent represents the tenant
• one named agent represents the landlord

The names matter. “Our team will handle it” does not tell the principals who is assigned to advocate for whom.

If designated agency is not used, those appointment blanks should not be treated as a substitute for another agency role.

Step 11: understand the acknowledgment signature

The final section says that the signer acknowledges receipt of a copy of the disclosure form. The signer identifies whether the signature is for the buyer, seller, landlord or tenant and adds the date.

The signature normally proves receipt. It does not turn the form into the listing, buyer-representation or transaction contract.

When the form's dual-agency or advance-consent selections are completed, the signed form can also record the written informed consent reflected by those selections. That is why the signer should read every checked box before signing.

The agent must give the party a copy of the signed acknowledgment and retain a copy for at least three years.

What if a party refuses to sign?

Refusal does not permit the agent to forge a signature, mark the party's name or abandon the record.

Section 443 requires the agent to make a written declaration under oath or affirmation setting out the facts of the refusal. The agent must keep that declaration for at least three years.

The refusal procedure documents that disclosure was attempted. It does not create consent to dual agency. A principal who refuses required dual-agency consent has not authorized the brokerage to represent both sides.

When must the form be delivered?

Timing depends on role and recipient. “At closing” is not the general answer.

First substantive contact is more than a passing greeting. It is the point at which the conversation becomes meaningful enough that agency interests matter, such as discussing motivation, financial ability, negotiating position or property-specific needs. Do not wait until confidential information has already been shared.

Why a person may receive more than one form

The statutory form says a party may receive more than one disclosure during a transaction. Different agents may have separate disclosure duties, and the relationship may require later clarification.

Multiple forms do not necessarily mean someone made a mistake. Compare them for:

• different providing licensees
• different brokerages
• different sides represented
• a later dual-agency relationship
• designated-agent appointments

If two forms make inconsistent claims about the same person's role, the inconsistency should be resolved rather than ignored.

What the Section 443 form does not disclose

The form is important, but it is not an all-purpose disclosure. It does not by itself state:

• commission amount or who ultimately pays it
• listing or buyer-agreement duration
• property defects
• lead-based paint information
• flood risk
• fair housing rights and every required fair housing notice
• offer price or lease terms
• inspection or financing contingencies
• permission to practice law or give tax advice

Use the correct document for each issue. A signed agency form does not cure missing transaction disclosures.

A completed-form example

Suppose Rosa is a salesperson with Harbor Realty. Harbor has a written buyer-agency agreement with Malik. Rosa provides Malik with the buyer-seller form before that agreement.

The lower section should identify Rosa and Harbor Realty, state that the broker acts in the buyer's interest, and identify the buyer's-agent role. Malik signs to acknowledge receipt.

Later, Malik wants to purchase a home listed by another Harbor salesperson. Harbor would represent buyer and seller in the same transaction. The broker must explain the actual dual-agency conflict and obtain the informed written consent of both principals before proceeding in that role. If designated agents are used, the form should name the licensee assigned to Malik and the licensee assigned to the seller.

The first buyer-agency acknowledgment did not silently authorize every later conflict unless valid advance consent was knowingly given. Even with advance consent, the actual relationship must be made clear.

Twelve worked exam scenarios

Scenario 1: form signed after listing

A seller signs the listing agreement on Monday and receives the agency form on Tuesday.

The timing is wrong. The listing agent must provide the form before entering the listing agreement.

Scenario 2: disclosure mistaken for contract

A buyer signs the Section 443 form and is told this alone creates a six-month exclusive buyer agreement.

Incorrect. The agency form expressly says it is not a contract.

Scenario 3: commercial warehouse

A broker leases a warehouse used only for business operations.

Section 443's statutory form requirement applies only to the defined residential real property, not that commercial lease.

Scenario 4: vacant residential lot

A buyer considers unimproved land on which a house may later be built.

The section's residential definition excludes unimproved property upon which the covered dwellings are to be constructed.

Scenario 5: seller's agent advises buyer

The form identifies the licensee as seller's agent, but the licensee promises to negotiate solely for the buyer's best interests.

The conduct conflicts with the disclosed role and may create an undisclosed-agency or dual-agency problem.

Scenario 6: signature without reading boxes

A consumer signs the bottom while an advance dual-agency box is checked above.

The checked consent language matters. The agent must explain it, and the consumer should understand the choice before signing.

Scenario 7: blank designated-agent names

The form says dual agent with designated sales agents, but neither appointed agent is named.

The designation is incomplete. The form provides separate blanks to identify who represents each principal.

Scenario 8: refusal to sign

A buyer receives the form but refuses to acknowledge it.

The agent prepares a written declaration under oath or affirmation describing the refusal and retains it for at least three years.

Scenario 9: refusal treated as dual consent

Both sides refuse to sign, and the brokerage proceeds as dual agent anyway.

The refusal declaration documents refusal to acknowledge receipt. It does not supply informed written dual-agency consent.

Scenario 10: copy withheld

The party signs, but the agent keeps the only copy.

Section 443 requires the agent to provide the party a copy of the signed acknowledgment and retain a copy.

Scenario 11: outside broker's agent

A broker from a different firm assists the buyer's agent and is directed by that buyer's agent, without a direct agency relationship with the buyer.

Those facts fit the statutory broker's-agent structure.

Scenario 12: seller pays buyer's broker

The seller supplies compensation that reaches the buyer's broker, so a salesperson checks seller's agent.

The payment source does not determine representation. The actual agency agreement and relationship control.

A six-step exam method

1. Identify whether the transaction is a sale or rental and whether the property is covered residential property.
2. Identify the licensee's client and actual role.
3. Choose the correct buyer-seller or landlord-tenant form.
4. Apply the timing rule for that role and recipient.
5. Separate acknowledgment of receipt, actual dual agency and advance consent.
6. Check signatures, dates, copies, retention and any refusal declaration.

Common misconceptions

“The agency disclosure is the representation contract”

False. The form says it is not a contract.

“Signing always means agreeing to dual agency”

False. A basic signature acknowledges receipt. Dual-agency consent depends on the informed written selections and actual relationship.

“The form is required for every property transaction”

False. Section 443 applies to its defined residential transactions and agents.

“Only the listing agent ever provides a form”

False. Seller's, landlord's, buyer's and tenant's agents have duties to specified recipients at different times.

“Refusal to sign ends the disclosure duty”

False. The agent must prepare and retain a sworn or affirmed declaration of the refusal.

“Advance consent means no later explanation is needed”

False. Consent must be informed, and the actual role must be made clear when it arises.

“Designated agency removes dual agency”

False. The broker remains dual agent, and the designated licensees act within that structure.

“Who pays the fee decides which box to check”

False. Agency and compensation are separate relationships.

Frequently asked questions

What is the New York Section 443 agency disclosure form?

It is the statutory notice that explains whom a real estate agent represents, the duties created by that role and the possible effects of dual agency in covered residential transactions.

Is the New York agency disclosure form a contract?

No. The form states “THIS IS NOT A CONTRACT.” Separate agreements create the brokerage employment and compensation terms.

Which agency form is used for a home sale?

The Department publishes DOS-1736-f, the New York State Disclosure Form for Buyer and Seller.

Which agency form is used for an apartment rental?

The Department publishes DOS-1735-f, the New York State Disclosure Form for Landlord and Tenant.

When does a listing agent give the form to the seller?

Before entering into the listing agreement.

When does a seller's agent give the form to a buyer?

At the first substantive contact with the buyer or buyer's agent.

How long must the signed acknowledgment be kept?

The agent must retain a copy for at least three years and give the signing party a copy.

What happens if someone refuses to sign?

The agent makes a written declaration under oath or affirmation stating the facts of the refusal and retains it for at least three years.

Does refusal authorize dual agency?

No. Dual agency requires informed written consent from both principals.

Can one transaction generate multiple agency forms?

Yes. The form itself explains that more than one agent may have a disclosure duty during the transaction.

What to study next

Review section 443 timing and refusal to sign, then compare dual agency with designated sales agents. Use the Law of Agency study guide for complete lessons and practice.

Sources and verification notes

This walkthrough was checked on August 27, 2026. It explains the statutory form but does not replace the form itself. Use the current Department of State download for an actual transaction.

1. New York State Department of State, Disclosure Form for Buyer and Seller. Official two-page DOS-1736-f form served by the Department on the review date.
2. New York State Department of State, Disclosure Form for Landlord and Tenant. Official two-page DOS-1735-f form served by the Department on the review date.
3. New York Real Property Law section 443. Definitions, covered property, timing, copies, refusal procedure, prescribed forms and non-agent exception.
4. New York State Department of State, Real Estate License Law, March 2026. Current Article 12-A and reproduced buyer-seller and landlord-tenant forms.
5. New York State Department of State, Legal Memorandum LI12: Be Wary of Dual Agency. Informed consent, loyalty limits and the need for complete disclosure.
6. New York State Department of State, 77-Hour Real Estate Salesperson Curriculum. Section 443 forms, signature page, first substantive contact and role-change objectives.

This article provides general educational information. It is not legal advice.