New York guide

NY Agency Disclosure: First Substantial Contact Requirement

In New York, your real estate agent must hand you the State Disclosure Form for Buyer and Seller the first time you talk seriously about specific properties, your price range, or your buying plans.

Reading as buyer.

TL;DR

In New York, your real estate agent must hand you the State Disclosure Form for Buyer and Seller the first time you talk seriously about specific properties, your price range, or your buying plans. You sign it to show you received it, and you keep a copy so you know whether the agent is on your side, the seller's side, or trying to represent both. Signing is just an acknowledgment — it is not a contract, and you can still work with the agent even if you refuse to sign.

Before you start — 8 things to know

Under New York Real Property Law §443, a real estate agent must give you the State Disclosure Form for Buyer and Seller at first substantial contact — meaning the first conversation where you discuss specific properties, price ranges, or your buying plans.
First substantial contact can happen on a phone call, by text, or in person; once the talk moves from small talk to a real listing or your budget, the New York disclosure form is due.
The current New York Department of State Agency Disclosure Form, revised in February 2022, is the only version agents may use — older forms do not satisfy the law.
The New York disclosure form explains four possible agent roles — seller's agent, buyer's agent, dual agent, and designated agent — and the agent must check the box that shows the role they are playing for you.
Signing the New York Agency Disclosure Form is only an acknowledgment that you received it; you are not hiring the agent or committing to anything by signing.
If you refuse to sign the disclosure form, the New York agent writes a note saying you refused, and they may still keep working with you under Real Property Law §443.
New York rentals where the yearly rent will exceed $3,000 are also covered, so a rental agent must give you the same disclosure form before discussing specific apartments.
Getting the New York disclosure form before any showings lets you know up front whether the agent is on your side, the seller's side, or trying to represent both parties as a dual agent.

The timeline — step by step

Step 1 — On your first call, text, or meeting with a New York agent, the moment you start discussing real listings, your budget, or your timeline, the Agency Disclosure Form is due.
Step 2 — The agent shows you the New York State Disclosure Form for Buyer and Seller, using the February 2022 Department of State version.
Step 3 — The agent checks the box on the form showing whether they are acting as your buyer's agent, the seller's agent, a dual agent, or a designated agent in this conversation.
Step 4 — You read the New York disclosure form and ask any questions about who the agent really represents and how that role affects your interests.
Step 5 — You sign and date the acknowledgment section of the form; if you decide not to sign, the agent writes a brief note documenting your refusal.
Step 6 — You keep your own copy of the signed New York disclosure form in your records before any home tours or property showings happen.
Step 7 — If the agent's role changes later — for example, they also list a home you want to buy and become a dual agent — you sign a new New York disclosure form showing the new role.

Common questions

When exactly should a New York agent hand me the Agency Disclosure Form?

They must hand it to you at first substantial contact — the first conversation where you discuss a specific property, your price range, or your buying timeline — not at the offer stage and not at the first showing.

Do I have to sign the New York Agency Disclosure Form to keep working with an agent?

No, signing only confirms you received the form; if you refuse to sign, the agent writes a note about the refusal and can keep helping you under Real Property Law §443.

What if the agent shows me an older version of the New York disclosure form?

The only valid version is the New York Department of State form revised in February 2022, so ask for the current form before signing anything older.

Does the New York disclosure form cover renting, not just buying?

Yes, New York rentals where the annual rent will be more than $3,000 require the agent to give you the same Agency Disclosure Form before discussing specific apartments.

What does it mean if the agent checks "dual agent" on the New York form?

It means the same agent is representing both the buyer and the seller in the same deal, which New York allows only with the written, informed consent of both sides.

Sources

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