Section 443 Agency Disclosure Timing and Refusal to Sign

If a party refuses to sign the acknowledgment, the agent must prepare a written declaration of the facts under oath or affirmation and keep it for at least three years. The agent also retains a signed acknowledgment for at least three years and gives the party a copy.

The complete timing map

The statute's wording groups seller and landlord agents together and buyer and tenant agents together. Apply the sale or rental counterpart that fits the facts.

Official source map

The New York State Department of State's 77-hour salesperson curriculum includes section 443 disclosure, the meaning and timing of first substantive contact, agency roles, informed consent and document procedures.

Real Property Law section 443 supplies the controlling residential form, timing, acknowledgment, refusal declaration and three-year retention requirements. The March 2026 Department of State license-law compilation reproduces the current statute and related record rules.

Department administrative decisions show that an inaccurate role description, missing required information or late handling can support discipline. These sources were checked on August 27, 2026.

When section 443 applies

Section 443 applies only to transactions involving “residential real property” as the statute defines it. The definition covers property used or intended as a residence and improved by:

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

It does not include unimproved real property on which those dwellings are to be built.

Avoid assuming the statutory form applies to commercial property, a five-unit apartment building or vacant land merely because people discuss a possible residential use. Other agency and disclosure duties may still apply. Section 443 also says it does not limit or alter common-law agency in residential transactions.

The form is not a contract

The buyer-seller and landlord-tenant forms prominently state that they are not contracts. They explain:

• whom the brokerage represents
• what duties the role creates
• whether the licensee is a seller's, buyer's, landlord's, tenant's or broker's agent
• whether dual agency or dual agency with designated sales agents applies
• the limits of dual representation

Signing the acknowledgment records receipt. It does not by itself hire the broker, set compensation or create every term of the representation agreement.

This distinction is a frequent exam trap. The agency agreement and the statutory disclosure form do different jobs.

Listing agent timing

A listing agent gives the form to the seller or landlord before entering into the listing agreement and obtains the signed acknowledgment.

“Before” matters. Attaching the form after the listing is signed does not satisfy the sequence stated in section 443.

The early timing lets the owner understand whether the broker will act as seller's or landlord's agent and consider possible advance consent to dual agency before entering the brokerage relationship.

The listing agreement itself may address authorization, term, services, compensation and other provisions. The disclosure form explains agency status and is not a substitute for the agreement.

Seller's and landlord's agent timing

A seller's or landlord's agent provides the form to the buyer, buyer's agent, tenant or tenant's agent at the first substantive contact with the buyer or tenant. The agent obtains the acknowledgment from the buyer or tenant, subject to the refusal procedure.

The rule prevents an agent from holding a meaningful agency conversation while leaving the consumer to guess which side the agent represents.

Examples that may signal substantive interaction include discussion of:

• the consumer's price or rent objectives
• motivation, urgency or negotiating position
• property-specific terms
• an intended offer or application
• financial ability or willingness to perform
• advice about how to structure a transaction decision

Section 443 does not reduce “first substantive contact” to a universal number of minutes or one scripted sentence. The safest exam approach is to recognize when the conversation moves from a casual greeting or basic logistics into meaningful transaction discussion and provide the form before confidential assumptions develop.

Buyer's and tenant's agent timing with their own client

A buyer's agent gives the form to the buyer before entering an agreement to act as buyer's agent. A tenant's agent does the same before entering the tenant-agency agreement.

The disclosure comes before the agency agreement so the prospective client can understand the proposed role and duties before hiring the agent.

Do not reverse the order:

1. Explain the agency relationship and provide the form.
2. Obtain the acknowledgment or document refusal.
3. Enter the representation agreement if the parties choose to proceed.

The form itself is still not the representation contract.

Buyer's and tenant's agent timing with the other side

A buyer's agent also gives the form to the seller, seller's agent or appropriate listing agent at first substantive contact with the seller side. A tenant's agent gives it to the landlord, landlord's agent or listing agent at first substantive contact with the landlord side.

The acknowledgment may come from the seller or landlord or from the listing agent identified by the statute.

This second delivery tells the other side that the licensee advocates for the buyer or tenant rather than the property owner.

An agent should not assume that giving the form to the agent's own client completes every disclosure duty. The other side has a separate timing requirement.

More than one form may appear

The statutory form warns that a person may receive more than one disclosure during the transaction because the law may require each assisting agent to present it.

Multiple forms do not necessarily mean someone made a mistake. Different agents may have separate duties to disclose their roles.

The recipient should read each form for:

• the name of the licensee
• the brokerage or firm
• whose interest the brokerage serves
• the specific agency-role checkbox
• any dual-agency or designated-agent selection
• the names of designated agents when applicable

Forms should tell a consistent story. Conflicting role descriptions require clarification before the transaction proceeds.

What the signature means

The party signs to acknowledge receipt of a copy of the disclosure form. The signature does not mean the party approves every transaction term or waives all claims.

Dual agency is different. Selecting and signing informed consent to dual agency or dual agency with designated sales agents documents consent to that limited representation after the required explanation.

Avoid treating a basic receipt acknowledgment and a dual-agency consent as interchangeable. One confirms delivery. The other addresses a conflict and limitation of fiduciary service.

What to do if the party refuses to sign

Refusal does not allow the agent to discard the form or pretend disclosure never occurred. Section 443 requires the agent to:

1. Set out the facts of the refusal in writing.
2. Make the declaration under oath or affirmation.
3. Keep a copy for at least three years.

The declaration should accurately identify the transaction, party, form, date, circumstances of delivery and refusal. The statute does not prescribe a casual verbal note as a substitute for the sworn or affirmed written declaration.

The refusal procedure documents compliance with the delivery obligation. It does not create consent to dual agency. If a party refuses the informed written consent needed for dual representation, the brokerage cannot proceed as a dual agent merely by documenting refusal.

Refusal to acknowledge is not refusal to receive advice

An acknowledgment signature confirms receipt. A consumer may decline to sign even after the agent properly explains and offers the form.

The licensee should remain professional, avoid pressure and follow the statutory declaration process and brokerage policy. The exam answer is not “force the person to sign” and not “ignore the refusal.”

Whether the brokerage can continue in a particular role depends on the relationship and any consent actually required. Seller-only agency can be disclosed despite a customer's refusal to acknowledge receipt. Dual agency cannot exist without both principals' informed written consent.

Three-year retention and copies

The agent gives the buyer, seller, tenant or landlord a copy of the signed acknowledgment and maintains a copy for at least three years.

If the party refuses to sign, the agent keeps the refusal declaration for at least three years.

Title 19 NYCRR section 175.23 separately requires brokers to maintain specified records for covered residential transactions for three years, including documents required under Article 12-A, subject to the rule's stated exception when a document was not provided to the broker.

On the exam, associate the section 443 acknowledgment and refusal declaration with a minimum three-year retention period.

Accuracy matters as much as timing

A form delivered on time can still be wrong if it misidentifies the role. The licensee should accurately complete:

• name and brokerage
• seller, buyer, landlord or tenant interest
• seller's, buyer's, landlord's, tenant's or broker's-agent role
• dual agency selection
• advance-consent selection
• designated-agent names when applicable

In Department of State v Iaboni, the administrative tribunal found that an erroneous form identifying the licensee as the seller's or landlord's agent violated section 443 and demonstrated untrustworthiness.

The lesson is simple: disclose early and disclose correctly.

Timing does not replace informed explanation

Handing someone an unexplained form at the correct moment may satisfy neither the practical purpose nor every duty involved. The statutory text says the disclosure helps consumers make informed choices about the brokerage relationship.

For dual agency, the form specifically requires careful explanation of the other-side representation and possible effects, including loss of undivided loyalty.

A strong process allows time to read, explains the selected role in plain language, answers role questions accurately and refers legal or tax questions to the appropriate professional.

Ten worked scenarios

Scenario 1: listing form delivered after signing

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

The sequence is late. Section 443 requires delivery before entering the listing agreement.

Scenario 2: open-house greeting

A visitor enters an open house, gives a name and asks where the kitchen is.

Those basic logistics may not yet be substantive. Once the conversation turns to motivation, bargaining or property-specific transaction advice, the agent should not delay disclosure.

Scenario 3: buyer discusses maximum price

An unrepresented buyer tells the listing agent the maximum budget and intended offer before receiving the form.

The conversation has become substantive. The seller's agent should have disclosed the role before the buyer shared negotiating information.

Scenario 4: buyer's agent signs agreement first

A buyer signs a representation agreement, then receives the form.

The order is wrong. The buyer's agent provides the disclosure before entering the agency agreement.

Scenario 5: buyer's agent contacts listing agent

A buyer's agent begins discussing offer terms with the listing agent but has not disclosed buyer agency to the seller side.

The buyer's agent must provide the form at first substantive contact with that side and obtain the appropriate acknowledgment.

Scenario 6: customer refuses to sign

The listing agent presents and explains the form, but the buyer refuses acknowledgment.

The agent prepares the sworn or affirmed written declaration of the refusal facts and retains it for at least three years.

Scenario 7: one party refuses dual agency

The seller consents to dual agency, but the buyer refuses to sign consent.

The broker cannot represent both. A refusal declaration does not replace the buyer's informed written consent.

Scenario 8: multiple forms arrive

A buyer receives one form from the listing agent and another from the buyer's agent.

That can be normal because each agent has a separate disclosure obligation. The forms should accurately identify opposing roles.

Scenario 9: wrong checkbox

A buyer's agent checks seller's agent on the form.

Timely delivery does not cure inaccurate disclosure. The role must be corrected and handled under broker guidance.

Scenario 10: commercial warehouse

A broker negotiates a warehouse sale.

Section 443's residential form requirement does not apply merely because licensed brokers are involved. Agency, fiduciary and role-disclosure principles can still apply through other law and regulation.

A seven-step exam method

1. Confirm that the property falls within section 443's residential definition.
2. Identify the agent's role.
3. Identify the person who must receive the form.
4. Apply “before the agreement” or “first substantive contact” timing.
5. Obtain the correct acknowledgment.
6. If refused, prepare the sworn or affirmed written declaration.
7. Provide the copy and apply the three-year retention rule.

Common misconceptions

“Everyone signs at closing”

False. The disclosure is due before a listing or agency agreement or at first substantive contact, depending on role.

“The form creates the agency contract”

False. It expressly states that it is not a contract.

“A refusal ends the disclosure duty”

False. The agent documents the facts in a sworn or affirmed written declaration and retains it.

“A refusal declaration creates dual-agency consent”

False. Dual agency requires informed written consent from both principals.

“Only the listing agent delivers a form”

False. Buyer's and tenant's agents have duties to their own clients and the other side.

“One form always covers every agent”

False. A person may receive more than one form from different assisting agents.

“Commercial transactions use the same statutory form”

False. Section 443 applies only to its defined residential real property.

Frequently asked questions

When must a New York listing agent give the section 443 form?

Before entering the listing agreement with the seller or landlord.

When must a seller's or landlord's agent give the form?

At first substantive contact with the buyer or tenant.

When must a buyer's or tenant's agent give the form to the client?

Before entering an agreement to act as that person's agent.

Must a buyer's agent disclose the role to the seller side?

Yes. The form is due at first substantive contact with the seller, seller's agent or listing agent. The rental counterpart applies to a tenant's agent and landlord side.

What happens if someone refuses to sign?

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

How long must the signed acknowledgment be kept?

At least three years. The party also receives a copy.

Is the agency disclosure form a contract?

No. It is an agency-role disclosure and acknowledgment, not the representation agreement.

Does section 443 apply to commercial property?

No. Its form requirement applies to the residential real property defined by the statute.

What to study next

Review dual agency and informed consent, then continue to listing agreements, buyer agreements and changing agency roles. Use the Law of Agency study guide for complete lessons and practice.

Sources and verification notes

This article was checked on August 27, 2026. Brokerage procedures may add documentation steps, but they cannot replace the statutory form, timing, refusal declaration or consent requirements.

1. New York State Department of State, 77-Hour Real Estate Salesperson Curriculum. First substantive contact, section 443 disclosure, agency roles and informed-consent objectives.
2. New York Real Property Law section 443. Residential scope, delivery timing, acknowledgments, refusal declarations, retention and required form language.
3. New York State Department of State, Real Estate License Law, March 2026. Current Article 12-A and regulation 175.23 transaction-record requirements.
4. Department of State v Iaboni. Administrative decision addressing an erroneous agency-role disclosure.
5. Department of State v Schneeberg, Appeal Decision 05 DOS APP 07. Administrative appeal involving section 443 timing and disclosure violations.

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