NY State Disclosure Form: 5 Agency Types, and You Can Say No
Back to the NYC Real Estate Blog
New York State’s Disclosure Form for Buyer and Seller (DOS-1736) explains five real estate agency relationships: seller’s agent, buyer’s agent, broker’s agent, dual agent, and dual agent with designated sales agents. You can refuse to sign it, and agents who mishandle it now risk fines up to $2,000 per violation, double the old amount.
We see this form treated as paperwork to get through quickly, when it’s actually the document that decides whose interests your agent is legally required to protect.
This is why customers can refuse to sign.
What is the NY disclosure form, and can you actually refuse it
Under Real Property Law Section 443, a broker must present this form and explain each agency relationship before doing business with you. Signing isn’t mandatory. If you refuse, the agent must document the refusal in writing and retain that record for 3 years.
Refusing to sign doesn’t create a binding contract either way. It’s a disclosure, not an agreement to work with that agent or accept a specific relationship type.
| Agency type | Who the agent represents |
|---|---|
| Seller’s agent | The seller only |
| Buyer’s agent | The buyer only |
| Broker’s agent | Neither party directly; assists other agents |
| Dual agent | Both parties, with informed consent |
| Dual agent with designated sales agents | Both, through separate agents at the same firm |
The five agency types, not four
Most explanations of this form stop at four types and skip “broker’s agent,” the one where an agent cooperates with another agent’s client without representing either side directly. It’s rare in practice, but RPL 443 names it as its own category, distinct from a buyer’s or seller’s agent.
The buyer-agent
relationship is the most common for home buyers and the cleanest: there’s no confusion about whose side your agent is on. Designated agency, where separate agents at the same firm represent each side under a dual-agent brokerage, is most common at larger firms with agents on both sides of the same deal.
Dual agency is the one to watch closely
As New York’s own Department of State puts it in Legal Memorandum LI12, “you are giving up your right to have your agent be loyal to you,” since that agent now also represents the other side. The memo goes further: your agent’s fiduciary duty of loyalty “prohibits your agent from advancing any interests adverse to yours,” which dual agency inherently complicates.
We recommend buyers remain firm about not agreeing to dual agency. Why give up undivided representation, and possibly your share of a commission rebate, just because the listing agent would rather not split the fee?
What happens if an agent gets this wrong
New York doubled the maximum fine for real estate license law violations from $1,000 to $2,000 per violation, effective February 19, 2022. Half of what’s collected funds an Anti-Discrimination in Housing Fund. Beyond the fine, mishandling this disclosure can expose an agent to license suspension and, in serious cases, a buyer’s right to challenge the transaction itself.
Already signed something you regret
It doesn’t matter. If you signed the form and checked “dual agent,” you always have the right to get representation by a buyer’s agent later. Signing once doesn’t lock you into that arrangement for the rest of the deal.
Our pillar guide to due diligence covers what else to verify once representation is settled. Once you’re under contract, our NYC closing costs calculator breaks down what you’ll owe at the table.
Common questions
Do I have to sign the NY disclosure form? No. You can refuse, and the agent must document that refusal in writing and keep the record for three years. Refusing doesn’t create or void any contract.
What is a dual agent? An agent representing both the buyer and seller in the same transaction, with both parties’ informed consent. It limits how much the agent can advocate for either side.
What is designated agency in New York? When a brokerage acts as a dual agent, but assigns separate individual agents to represent the buyer and the seller within that same firm.
What is a buyer’s agent? An agent who represents only the buyer’s interests in a transaction, with no obligation to the seller. It’s the most common, and least conflicted, relationship for a home buyer.
Can I change agents after signing a dual agency disclosure? Yes. Signing the disclosure once doesn’t waive your right to seek separate, undivided representation as a buyer’s agent later in the process.
Nicole Fishman Benoliel co-founded NestApple in 2017. She's a lawyer admitted to the New York bar - her law degree is from La Escuela Libre de Derecho in Costa Rica, with further study at IE Business School in Madrid and an LLM from Fordham in New York. She does not act in a legal capacity at NestApple; every client is referred to an attorney who handles real estate deals full time.
