A listing agent receives an email from an unrepresented buyer asking about a property's days on market, the seller's asking price flexibility, and whether the seller would consider contingencies. Under NY Real Property Law §443, what is the agent's obligation before responding?

Correct Answer

B) Provide the required agency disclosure at or before this first substantive contact, prior to sharing the requested information

NY RPL §443 requires that agency disclosure be provided at the first substantive contact with an unrepresented consumer. An email asking about price flexibility, contingencies, and days on market clearly constitutes substantive contact. The agent must provide the disclosure — informing the buyer that the agent represents the seller — before or concurrent with responding to these inquiries. The statute requires timely disclosure, not a confirmed-receipt sequence; the agent's obligation is to deliver the disclosure, not to verify the consumer has read it before proceeding.