During a showing, buyer's agent Rebecca introduces her client Daniel to listing agent Carlos. Carlos then turns to Daniel and begins a direct conversation about the property. At what point, if any, does Carlos have an agency disclosure obligation to Daniel under NY RPL §443?
Correct Answer
D) Disclosure is required as soon as Carlos engages Daniel in any substantive discussion about the property
NY RPL §443 requires a licensee to provide the agency disclosure form at the first substantive contact with a consumer, regardless of whether that consumer is already represented. 'Substantive contact' means any interaction involving property-specific information, terms, or conditions — not merely a greeting. Once Carlos moves beyond pleasantries and begins discussing the property directly with Daniel, the disclosure obligation is triggered. The existence of Rebecca's representation does not transfer or satisfy Carlos's independent statutory obligation.
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Under NY Real Property Law §443, agency disclosure is NOT required in which of the following situations?
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Listing agent Patricia receives a text from an unrepresented buyer prospect, Robert, asking about the asking price and square footage of her listing. Under NY RPL §443, what is Patricia's disclosure obligation before responding?