Utah guide

Utah Real Estate Agency Disclosure Notice

In Utah, the first time a real estate agent has a real conversation with you about buying a home, they must hand you a written Agency Disclosure Notice that explains how they can work with you.

Reading as buyer.

TL;DR

In Utah, the first time a real estate agent has a real conversation with you about buying a home, they must hand you a written Agency Disclosure Notice that explains how they can work with you. The form lays out three relationships — seller's agent, buyer's agent, or limited agent (Utah's word for dual agency) — and what each one means for you. Signing it just proves you got it; to actually hire that agent to represent you, you sign a separate buyer broker agreement.

Before you start — 8 things to know

  • Under Utah Code §61-2f-307, a Utah real estate agent must give you the written Agency Disclosure Notice at 'first substantive contact,' which means before you talk price, motivation, or property-specific strategy.

  • The Utah Agency Disclosure Notice explains three relationships you can have with an agent: seller's agent (works for the seller), buyer's agent (works for you), and limited agent (Utah's term for dual agency, where one agent or brokerage represents both sides).

  • Signing the Utah Agency Disclosure Notice is only an acknowledgment that you received and understood it — it does not by itself hire the agent or create representation for you.

  • To formally hire a Utah agent to represent you as a buyer, you sign a separate buyer broker agreement after the disclosure; that contract is what actually creates the agency relationship.

  • If the same agent or brokerage represents both you and the seller in Utah, that 'limited agency' arrangement requires you to sign a separate limited agency consent form before it can move forward.

  • A listing agent on a home in the represents the seller, not you, even if that agent is the one showing you the property — the Agency Disclosure Notice is what spells that out in writing.

  • If a Utah agent skips the Agency Disclosure Notice, the Utah Division of Real Estate can discipline that agent for violating Utah Code §61-2f-307, including fines or license action.

  • Ask the Utah agent for your own signed copy of the Agency Disclosure Notice and keep it with your transaction records, because the brokerage is required to retain its copy for at least two years.

The timeline — step by step

  1. At your very first meeting, call, or showing with a Utah agent, the agent hands you the written Agency Disclosure Notice before any conversation about price, motivation, or strategy.

  2. Read the three relationship options on the Utah Agency Disclosure Notice — seller's agent, buyer's agent, and limited agent — and ask the agent how each one would change what they can do for you.

  3. Sign the acknowledgment section of the Utah Agency Disclosure Notice to confirm you received and understood it; this signature is not yet hiring the agent.

  4. If you decide you want that Utah agent to represent you, sign a separate buyer broker agreement, which is the contract that actually creates the agency relationship.

  5. If the Utah agent or brokerage you are working with also represents the seller on a home you want to make an offer on, sign a separate limited agency consent form before negotiations continue.

  6. Save your signed copy of the Utah Agency Disclosure Notice and any limited agency consent with your transaction file in case a dispute comes up later.

Common questions

Does signing the Utah Agency Disclosure Notice mean the agent now works for me?
No. The Utah Agency Disclosure Notice is only an acknowledgment that you received an explanation of the three agency relationships allowed in Utah; you have to sign a separate buyer broker agreement for that agent to legally represent you.
When does a Utah agent have to give me the Agency Disclosure Notice?
At the first substantive contact, which under Utah Code §61-2f-307 means before any conversation about your price range, motivation, or specific property strategy — usually at or before your first showing or sit-down meeting.
What is a 'limited agent' in Utah?
A limited agent is Utah's term for dual agency, where the same agent or brokerage represents both the buyer and the seller in the same transaction; it is allowed only if both parties sign a separate limited agency consent form on top of the Agency Disclosure Notice.
What happens if my Utah agent never gives me the Agency Disclosure Notice?
Failing to deliver the notice is a violation of Utah Code §61-2f-307, and the Utah Division of Real Estate can discipline the agent or brokerage, including fines and license action.
Can the seller's listing agent also represent me as a buyer in Utah?
Only if both you and the seller sign a separate limited agency consent form; otherwise the listing agent works for the seller and can share property information but cannot advocate for your interests in negotiations.

Glossary

1 term
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.

Sources

  1. [1]
  2. [2]

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