New York agency disclosure form (RPL § 443): when to give it, and what to do if a buyer won't sign

What is the New York agency disclosure form?

It's a one-page form, written into the law itself at RPL § 443(4), that explains the different roles an agent can play: seller's agent, buyer's agent, broker's agent, dual agent and dual agent with designated sales agents. The consumer signs an acknowledgment that they received it and checks which role you're playing for them.

There are two versions: the New York State Disclosure Form for Buyer and Seller and the New York State Disclosure Form for Landlord and Tenant. The Department of State publishes both in 13 languages on its real estate broker forms page.

Section 443 only covers residential real property: one-to-four family homes, condominiums and co-op apartments. It doesn't cover commercial deals or vacant land. Separately, 19 NYCRR § 175.7 still requires every licensee, on any property type, to make clear which party they act for.

When do you have to give it?

The timing depends on who you represent. Here is what § 443(3) says:

In every case you get a signed acknowledgment, unless the consumer refuses (see below).

What counts as "first substantive contact"?

The statute doesn't define it. In its May/June 2023 issue, the New York State REALTOR magazine explains that the Department of State has historically taken a broad "warm body" view: when a licensee meets a consumer in one of the situations above, the form is due.

The same article cites a 1995 Department of State opinion: substantive contact starts when a buyer shows serious interest in discussing the terms of an offer, or when you help a buyer identify a property that suits them. Greeting someone, showing the home and answering general questions don't count on their own.

Do you need it at an open house?

Not for every visitor who walks through. As a seller's agent, the form becomes due the moment a conversation turns substantive: a visitor asks what the seller would take, talks about their budget and financing, or asks you to help them find something similar.

Because that moment can come quickly and without warning, many New York agents present the disclosure as part of open house sign-in. Every visitor who might become a buyer has it before the conversation starts, and you're not hunting for a pen when it matters.

What if the buyer refuses to sign?

Refusing doesn't stop you working with them, but you have to document it. RPL § 443(3)(e) says that if the consumer refuses to sign the acknowledgment, the agent shall set forth under oath or affirmation a written declaration of the facts of the refusal and shall maintain a copy of the declaration for not less than three years.

NYSAR's counsel recommends that the declaration names the consumers, describes what happened, and is sworn or affirmed, ideally in front of a notary. This route is only for a real refusal. Forgetting to hand the form over isn't a refusal, and in DOS v. Holzbach (2002) backdating a form afterwards was treated as incompetence.

How long do you have to keep it?

At least three years. Under § 443(3)(d) you must give the consumer a copy of the signed acknowledgment and keep a copy yourself for not less than three years. The same applies to refusal declarations.

Can it be signed electronically?

Nothing in § 443 requires paper. In DOS v. Holzbach (2002), the administrative law judge noted the form could have been faxed to the consumer and signed back, and NYSAR's counsel suggests the same logic covers email and e-signature delivery. Follow your broker's policy on how forms are delivered and stored.

Is it the same as the fair housing disclosure?

No, and New York agents deal with three separate items. Our fair housing notice and disclosure guide covers the last two in detail.

• Agency disclosure (RPL § 443): explains who you represent. Signed acknowledgment, kept three years.
• Housing and Anti-Discrimination Disclosure (19 NYCRR § 175.28): a separate form given at first substantive contact and kept by the broker for three years.
• Fair Housing Notice (19 NYCRR § 175.29): must be displayed at every open house and on licensee websites, according to the Department of State's guidance.

Is the law changing?

Two bills, A8910 and S9564, would require a written buyer broker agreement and change § 443 so the disclosure must be given before that agreement is signed. As of 5 November 2026 both are still in committee and are not law. We'll update this guide if that changes.

How EcoAdmin handles the 443 at your open house

EcoAdmin is an open house sign-in app for New York agents. When a visitor scans your QR code and checks in as a buyer:

1. The NYS 443 agency disclosure opens on their phone, pre-filled with your name, your brokerage, their name and the date.
2. They draw or type their signature, and the signed copy is there for them to view or download on the welcome page.
3. If they refuse, they're still checked in, the refusal is recorded on the form and EcoAdmin generates a Declaration of Refusal to Sign. Review it and complete the oath or affirmation the law asks for, the way your broker requires.
4. Every signed form and refusal is saved on the visitor's record, ready to download for your files.

The Fair Housing Disclosure and four non-exclusive buyer agreements can go in the same check-in. See all the NY forms.

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Questions agents ask about the agency disclosure