A buyer's agent accompanies her client to a showing where the listing agent is present. During the visit, the listing agent begins discussing the property's days on market and the seller's urgency to close with the buyer directly, without having provided any agency disclosure form. What is the most accurate statement about the agency disclosure obligations in this situation?

Correct Answer

C) The listing agent has triggered the §443 disclosure obligation by engaging in substantive contact with the buyer and must provide the disclosure form

Under NY RPL §443, the disclosure obligation falls on the agent who initiates substantive contact with a consumer about a specific property. Discussing days on market and seller urgency constitutes substantive contact under the statute. The listing agent — not the buyer's agent — has triggered this obligation and is legally required to provide the agency disclosure form at that moment. The buyer's agent's primary duty is to her own client's interests, but the disclosure obligation here belongs to the listing agent by operation of law.