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?

Correct Answer

B) Patricia must provide the agency disclosure form to Robert before or at the time she provides the requested information

NY RPL §443 requires a listing agent to provide the agency disclosure form at the first substantive contact with a prospective buyer. When an unrepresented buyer contacts a listing agent directly to request property-specific information — including price and square footage in the context of evaluating a specific listing — that exchange constitutes substantive contact. Patricia must provide the disclosure before or at the time she responds. NY RPL §443 does not prescribe a specific delivery method; written disclosure via text or email is permissible and creates a documentation record. Patricia may include or attach the disclosure in her text response before providing the property details.