CaseMark Real Estate Agency Disclosure
Produces a jurisdiction-compliant disclosure establishing representation relationships and fiduciary duties before parties commit to a residential real estate transaction.
Required Inputs
- Jurisdiction — state where property is located (drives all statutory requirements)
- Parties — legal names of buyer(s), seller(s), licensee(s); brokerage names; license numbers
- Transaction — property address; purchase or listing
- Agency model — buyer's agent, seller's agent, dual agency, designated agency, or transaction brokerage
Workflow
1. Research Jurisdiction Rules
- Identify the state statute or regulation mandating the disclosure
- Confirm the delivery trigger (typically first substantive contact — verify state-specific timing)
- Determine permissible agency models and whether the state requires verbatim statutory language
2. Draft Document
Header: document title (use jurisdiction-mandated title if required), disclosure date, all party names with brokerage and license numbers.
Statutory basis: cite the specific statute, state the delivery trigger, note any timing variations.
Agency relationship definitions — include all models permitted in the jurisdiction:
| Role | Represents | Core Duties |
|---|---|---|
| Seller's Agent | Seller exclusively | Loyalty, confidentiality, best price/terms for seller |
| Buyer's Agent | Buyer exclusively | Loyalty, confidentiality, best price/terms for buyer |
| Dual Agent | Both parties | Neutrality; no advocacy or cross-disclosure of confidential info |
| Designated Agent | Respective client (separate agents, same brokerage) | Full fiduciary to each; supervising broker is dual agent |
| Transaction Broker | Neither party | Honesty, material fact disclosure, ministerial care |
Distinguish client (full fiduciary) from customer (honest dealing, no advocacy).
Core fiduciary duties where full agency applies: loyalty · confidentiality · disclosure · obedience · reasonable care · accounting.
3. Address Dual Agency / Alternatives
- State permits dual agency?
- Informed written consent required?
- Transaction broker/facilitator role available?
- Designated agency required in lieu of dual agency?
If prohibited: state explicitly and identify the required alternative. If permitted: include conspicuous warning that the agent cannot fully advocate for either party; consent required beyond this disclosure.
4. Acknowledgment Language
The disclosure must state:
- Receipt does not create an agency relationship
- Agency requires a separate written agreement
- Parties may choose any available representation type or proceed unrepresented
- Parties may seek independent legal counsel
5. Agency Election
Include on-form selection if jurisdiction requires:
- Seller's Agency
- Buyer's Agency
- Dual Agency (where permitted)
- Designated Agency
- Transaction Brokerage
6. Signature Blocks
Separate block per buyer, seller, and licensee: printed name, signature, date, license number and brokerage (licensees only). Include caption confirming receipt and understanding.
- Check whether jurisdiction requires witness signatures or notarization
- If electronic: confirm UETA / E-SIGN compliance [VERIFY]
Pitfalls
- Verbatim language — many states require exact statutory text; do not paraphrase without confirming flexibility
- Timing errors — cite the applicable delivery trigger explicitly; late disclosure can void the relationship
- Dual agency inadequacy — insufficient disclosure of limitations can void consent and create liability
- No recommendation — the disclosure informs of options; it must not advise which representation type to select
- NAR vs. statute — follow NAR guidelines but state statutory requirements control where they diverge
- [VERIFY] all statutory citations against the current state code and real estate commission regulations before use in an actual transaction