A licensed salesperson is approached by an acquaintance who mentions they may want to sell their home and asks a few questions about the real estate process. Under NY Real Property Law §443, which factor determines whether the salesperson must provide an agency disclosure form?

Correct Answer

C) Whether the exchange rises to the level of substantive contact about a real estate transaction

NY Real Property Law §443 requires agency disclosure at or before first substantive contact, defined as any meaningful discussion related to a specific real estate transaction. The determining factor is the nature of the conversation — not where it occurs, who initiated it, or whether paperwork has been signed. Once the discussion moves beyond casual small talk into real estate-specific topics such as the selling process, pricing, or the consumer's property, substantive contact has occurred and disclosure is required.