A licensed salesperson is hosting an open house when two visitors begin asking about the seller's motivation for moving and whether the listing price has room for negotiation. Under NY Real Property Law §443, which statement best describes the salesperson's disclosure obligation at this point?
Correct Answer
B) The disclosure form must be provided before answering questions that go beyond general property information
RPL §443 requires the agency disclosure form to be provided at first substantive contact. Questions about seller motivation and negotiating room on price are substantive — they seek strategic information that goes beyond general facts about the property — and the salesperson must provide the disclosure before responding to them.
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Which of the following most accurately describes the content required in the agency disclosure form under NY Real Property Law §443?
- → Under New York's agency disclosure law, which of the following constitutes 'first substantive contact' that would trigger the disclosure requirement?
- → Under NY Real Property Law §443, at what point must a real estate agent provide the agency disclosure form to a prospective buyer during an initial property visit?
- → A seller's agent learns that a comparable property nearby recently sold for significantly below the seller client's asking price after a deal collapsed. The seller has not yet asked about recent comparable sales. What is the agent's obligation regarding this information?
- → Under New York's Property Condition Disclosure Act, a seller who chooses not to complete and deliver a Property Condition Disclosure Statement to the buyer must do which of the following?
- → A New York licensee is acting as a dual agent and receives simultaneous offers on the listed property from two different buyers, both of whom the agent also represents. Which obligation is most specifically implicated by the dual agency relationship in this situation?
- → A seller in Utica is selling residential real property to a buyer. The seller does not wish to complete the New York Property Condition Disclosure Statement (PCDS) and asks the listing agent how the seller's obligations changed after the March 20, 2024 amendments to NY Real Property Law §§ 462 and 465. Which of the following best describes current New York law?
- → In a New York disclosed dual agency transaction, the seller asks the dual agent: 'What is the lowest price I should accept for this property?' How must the dual agent respond?
- → In New York, what happens if a broker acts as a dual agent without obtaining proper written consent from both parties?
- → In New York real estate law, what is dual agency?
- → In New York, what form of consent is required for dual agency?
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Previous Question
Susan, a New York buyer's agent, learns that her client's offer has been accepted, but during the attorney review period, she discovers that the listing agent failed to provide proper agency disclosure to her client during their initial meeting at an open house. What should Susan do?
Next Question
Broker Mike represents seller Jennifer under an exclusive listing agreement. Buyer David contacts Mike directly about the property without his own representation. Mike provides David with the required agency disclosure form and explains that he represents the seller. David decides to proceed without his own agent. What type of agency relationship exists between Mike and David?