A licensee is working with a prospective seller client. During their interactions, the licensee explains general neighborhood trends, answers questions about typical commission structures, prepares a written comparative market analysis, and then drafts a proposed marketing plan. Under RPL §443, at which stage did the disclosure obligation first arise?
Correct Answer
C) When the licensee prepared the written comparative market analysis, because this constitutes individualized real estate services
Under RPL §443, the disclosure obligation is triggered at first substantive contact — defined as the point at which a licensee begins providing individualized real estate services. Preparing a written comparative market analysis is a specific, tailored service rendered for that seller's benefit, crossing the threshold from general conversation into substantive contact and requiring immediate disclosure.
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