Real Estate · General

Under state agency law, when must an agent typically provide an agency disclosure to a consumer?

Correct answer

At first substantive contact or before entering into an agency relationship or before the consumer discloses confidential information — the timing is set by state law to ensure consumers understand who the agent represents

  1. A Only at closing
  2. B At first substantive contact or before entering into an agency relationship or before the consumer discloses confidential information — the timing is set by state law to ensure consumers understand who the agent represents
  3. C Never
  4. D Only if the consumer asks

Why this is the answer

AGENCY DISCLOSURE TIMING: States require agents to disclose WHO THEY REPRESENT (and the available agency relationship options) to consumers, typically at or before a specified point. COMMON TIMING: At 'first substantive contact' (when meaningful discussion of the consumer's needs/the transaction begins); before entering into an agency relationship; before the consumer reveals confidential information; before showing property or writing an offer (varies by state); PURPOSE: So consumers understand whether the agent represents them, the other party, or neither — preventing confusion about loyalty and confidentiality; AGENCY RELATIONSHIPS disclosed: seller agency, buyer agency, dual agency (with consent), designated agency, transaction brokerage (non-agency, varies by state); WRITTEN DISCLOSURE: Most states require a written disclosure form, acknowledged by the consumer; DUAL AGENCY: Requires informed written consent of both parties (and is prohibited in some states); CONSEQUENCES: Failure to disclose agency properly is a license law violation; STATE-SPECIFIC: Exact timing, forms, and permitted relationships vary by state; the requirement to disclose agency relationships early (so consumers know who represents them before sharing confidential information) is fundamental state agency law tested on the exam.
Source: Real Estate State — Agency, Disclosure Timing

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