The controlling distinctions
What to remember when the answer choices are close.
The disclosure form explains the nature of the agency relationship. The form itself says that it is not a contract.
The agent gives the recipient a copy of the signed acknowledgment and keeps a copy for at least three years.
If a recipient refuses to sign, the agent makes the sworn or affirmed written declaration described by the statute and keeps it for at least three years.
Section 443 applies to residential real property as the statute defines it and contains an exception for an agreed non-agent capacity. Common-law agency duties are not erased by the disclosure statute.
A decision path
Work through the rule in this order.
- 1
Classify the property
Confirm that the facts involve residential real property within section 443 before using its timing table.
- 2
Name the licensee's role
Decide whether the licensee is the listing side, the buyer or tenant side, a broker's agent, or acting in an agreed non-agent capacity.
- 3
Identify the recipient
The represented principal and the opposing party do not always receive the form at the same event.
- 4
Apply the correct timing
Use before the agency agreement for the represented principal and first substantive contact where the statute directs for the opposing side.
Worked scenario
A buyer asks a listing agent about price flexibility
At an open house, a buyer begins discussing motivation, financing, and a possible offer with the seller's agent. No disclosure form has been provided.
Best response
The seller's agent should provide the section 443 disclosure at that first substantive contact and seek the acknowledgment required by the statute.
Why
The conversation has moved beyond casual facts into a meaningful discussion with a prospective buyer. The seller's agent is not the buyer's representative, and the form makes that relationship clear.
Exam lens
Words in the facts that should slow you down.
Common exam mistake
Using one timing phrase for every party. The correct event changes with the licensee's role, the recipient, and whether the recipient is the represented principal or the opposing side.
Questions students ask
Short answers before you move on.
Is the New York agency disclosure form an agency contract?
No. The statutory form explains agency roles and expressly states that it is not a contract. The representation agreement is a separate document or agreement.
What happens if someone refuses to sign the agency disclosure acknowledgment?
The agent follows the statute's refusal procedure by making a written declaration under oath or affirmation describing the refusal and retaining it for at least three years.
Does section 443 apply to every New York real estate transaction?
No. Section 443 applies to transactions involving residential real property as it defines that term. Other disclosure duties, agency duties, and fair-housing requirements can still apply outside that scope.
Continue with the full subject lesson.
The subject hub adds definitions, scenarios, forms, misconceptions, worked examples, practice, and source context.
This guide supports exam preparation and general education. It does not decide duties in a specific transaction and is not legal advice.