Manually drafting real estate agency disclosures requires researching state-specific requirements, verifying current legal definitions, and ensuring compliance with NAR standards and local real estate commission rules. Attorneys and paralegals spend hours cross-referencing templates, updating terminology, and customizing forms for each transaction type—time that could be spent on higher-value client work.
Real estate professionals must provide agency disclosures at first contact, but state requirements vary dramatically in mandatory language, permitted relationships, and execution formalities. Manually researching current statutes, drafting compliant disclosures, and ensuring all fiduciary duties are properly explained consumes valuable time and creates compliance risk if requirements are missed.
CaseMark automatically identifies your jurisdiction, applies current state-specific requirements, and generates comprehensive agency disclosures that clearly explain all representation options and duties. Get legally compliant documents in minutes that protect both agents and clients while satisfying regulatory requirements.
This workflow is applicable across multiple practice areas and use cases
Commercial real estate transactions require agency disclosures for brokers representing buyers, sellers, or both parties in office, retail, and industrial property sales.
Agency disclosure requirements apply equally to commercial transactions, with the same legal obligations for brokers to disclose representation relationships and fiduciary duties to all parties.
Real estate brokers involved in commercial lease transactions must disclose their agency relationships when representing landlords, tenants, or acting as dual agents.
Many states require agency disclosures in leasing transactions, not just sales, making this workflow applicable to brokers facilitating commercial lease agreements.
Real estate litigation attorneys need properly executed agency disclosures as evidence in disputes over broker duties, misrepresentation claims, and breach of fiduciary duty cases.
Agency disclosure documents are frequently central evidence in real estate litigation involving broker misconduct, undisclosed dual agency, or failure to properly disclose representation relationships.
Most states require agency disclosure at the first substantive contact with a prospective buyer or seller, before any confidential information is shared or representation begins. The exact timing varies by jurisdiction, with some states mandating disclosure before showing property while others allow it at first meaningful discussion. CaseMark generates disclosures that comply with your state's specific timing requirements and include appropriate language about when the disclosure obligation is triggered.
Dual agency occurs when one agent or brokerage represents both buyer and seller in the same transaction, creating inherent conflicts that limit the agent's ability to advocate for either party. Designated agency allows different agents within the same brokerage to separately represent buyer and seller, maintaining fuller representation for each party. Some states have abolished dual agency entirely, while others permit it with enhanced disclosure requirements. CaseMark automatically applies your state's rules and clearly explains available options.
No, the agency disclosure is an informational document that explains different representation options and does not itself create an agency relationship. An actual agency relationship requires a separate written agreement, typically a listing agreement for sellers or a buyer representation agreement. The disclosure ensures parties understand their options before entering into any representation agreement.
Traditional fiduciary duties include loyalty, confidentiality, disclosure, obedience, reasonable care, diligence, and accounting. However, specific duties and their definitions vary by state statute, with some jurisdictions modifying or eliminating certain common law duties. CaseMark incorporates your state's statutory definitions and ensures all required duties are clearly explained with practical examples of what each duty means in real estate transactions.
No, agency disclosure requirements are highly state-specific with different mandatory language, permitted agency relationships, and execution formalities. Some states provide statutory forms that must be used, while others require specific content but allow custom formatting. CaseMark generates jurisdiction-specific disclosures that comply with each state's unique requirements, ensuring you never use non-compliant forms across state lines.