Listing agent Mark represents seller Helen. Buyer Karen, who is represented by agent Susan at a different brokerage, contacts Mark directly to schedule a showing while Susan is unavailable. Under NY agency law, what is Mark's most appropriate course of action?

Correct Answer

B) Provide agency disclosure to Karen, accommodate the showing, and limit his role to seller representation without interfering with Karen's existing agency relationship

Under NY RPL §443, Mark must provide the agency disclosure form to Karen at first substantive contact, even though she is already represented. Mark may accommodate the showing in his capacity as listing agent — facilitating access to the property is a normal seller-side function — but must confine himself to his role representing Helen. He must not solicit confidential information, answer questions about Helen's motivation or timeline, or take any action that interferes with Karen's existing agency relationship with Susan. Notifying Susan's brokerage as a professional courtesy is best practice, but the statutory obligation is disclosure and role limitation, not refusal of service.