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Real Estate Agency Disclosure

Draft Real Estate Agency Disclosures in Minutes

8 minutes with CaseMark

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2. Upload the files you want analyzed.

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Real Estate Agency Disclosure

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Workflow

Real Estate Agency Disclosure

Overview

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.

How it works

  1. 1. Upload your documents

  2. 2. AI analyzes and extracts key information

  3. 3. Review and customize the generated content

  4. 4. Export in your preferred format (DOCX, PDF)

What you get

  • Header and Introduction

  • Definitions

  • Agency Relationship Options

  • Disclosure Confirmation

  • Signatures

What it handles

  • Header and Introduction

  • Definitions

  • Agency Relationship Options

  • Disclosure Confirmation

  • Signatures

Required documents

  • Transaction Details or Property Information

    Any document identifying the state/jurisdiction, property address, or transaction parties to ensure state-specific compliance

    PDF, DOCX, TXT

Supporting documents

  • Existing Agency Agreement

    Current representation agreement or prior disclosure forms for reference or updating

    PDF, DOCX

  • Party Contact Information

    Buyer, seller, and agent details including names, license numbers, and brokerage affiliations

    PDF, DOCX, XLSX

  • State-Specific Requirements

    Local real estate commission guidelines or mandatory disclosure language for your jurisdiction

    PDF, DOCX

Why teams use it

Generate compliant agency disclosures in 8 minutes vs. 2.5 hours manually

Automatically incorporate state-specific legal requirements and definitions

Ensure accurate coverage of all agency relationship types (buyer's agent, seller's agent, dual agent, transaction broker)

Built-in verification against NAR standards and state real estate commission guidelines

Consistent, error-free formatting with proper signature blocks and acknowledgment sections

Questions

When must a real estate agency disclosure be provided?

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.

What's the difference between dual agency and designated agency?

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.

Does this disclosure create an agency relationship?

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.

What fiduciary duties must be disclosed to clients?

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.

Can I use the same disclosure form in multiple states?

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.

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