Real Estate · General

When must an agent provide the state-mandated agency disclosure form to a consumer?

Correct answer

At the first substantive contact — before discussing price, motivation, or any confidential information — so the consumer knows what representation they are receiving

  1. A Only at closing
  2. B At the first substantive contact — before discussing price, motivation, or any confidential information — so the consumer knows what representation they are receiving
  3. C Only when a formal agency agreement is signed
  4. D At the time the offer is submitted

Why this is the answer

AGENCY DISCLOSURE TIMING: Most states require presenting the agency disclosure form (which explains the types of agency relationships available — seller's agent, buyer's agent, dual agent, transaction broker) at the FIRST SUBSTANTIVE CONTACT with a consumer. 'Substantive' means any discussion that could lead to representation — discussing the consumer's needs, price range, motivation to buy or sell. The timing requirement prevents agents from eliciting confidential information from a consumer before they understand whether the agent represents them or the other party. In many states, both parties must acknowledge receipt of the disclosure form. The disclosure is not the agency agreement — it explains the options; the agreement creates the relationship.
Source: Real Estate State Exam, Agency Disclosure Timing

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