Home Buying in New York>Question Details

William Bost…, Other/Just Looking in New York

Disclosure form

Asked by William Boston, New York Fri Jan 4, 2013

I was wondering if there is a specific form to use if a customer refuses to sign a buyer/seller agency disclosure form.

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Hi William,
Unfortunately no. There is no official form to use if a buyer or seller refuses to sign an agency disclosure form.
2 votes Thank Flag Link Fri Jan 4, 2013
William,
First, congrats on your new venture. Second, as I stated before there IS a form. I'll be happy to email it to you. You can also give it to your broker. If a buyer/seller were to sue you for lack of representation you have to have a paper trail to protect yourself. Also, don't get tied up with the disclosure forms now, you'll learn it in class and while you're in the field. You have lots more to learn first.

Mick Rafello, SVP
Associate Broker
The Corcoran Group
nrafello@corcoran.com
212-444-7852
2 votes Thank Flag Link Sat Jan 5, 2013
Thanks a lot Nick. Indeed I would be curious to see how this looks like. My email is williamboston4@yahoo.com. Thanks again!
Flag Fri Jan 18, 2013
I've never seen an official form and no one so far has provided the actual name but I do know as NYS agents that at the least we have to sign a declaration statement , have it notorized and attach it to the agency form that buyer refused to sign otherwisw we could be fined.
1 vote Thank Flag Link Sun Jan 6, 2013
Karla explained it very clearly - there is no statutory New York State form, like a disclosure form itself. Many brokerage firms developed their own form affidavits for agents to sign when a customer refuses to sign. or refusal forms for customer to sign. There are couple interesting discussions on the Internet to that regard:
http://activerain.com/blogsview/1543934/new-york-real-estate…
http://www.slrli.com/nys-agency-disclosure-explained/#refuse

The key to having the form signed is providing simple explanations that this is not a contract and that the form intended to protect customer's interests and spells out which agent represents what party, and what duties each agent has to their own customers. Also the form explains a dual agency concept, makes customers aware of such fact and requires their consent to dual agency. As an agent you have to learn how to make your customers comfortable understanding some key agency concepts and sign required documents, which is not always easy...
1 vote Thank Flag Link Sun Jan 6, 2013
Hello William. I am unaware of ANY specific form sanctioned by the NYS Dept Of State (as is the Agency Agreement Form) to be used in case a customer refuses to sign a disclosure form. As such, I agree with Mr. Greene below. If they didn't want to sign the Agreement, why would they sign anything?

I've experienced this at past open houses. After explaining what the form is and someone refusing to sign, I allow them to view. If they have any questions I bring up the form again and that any questions from them constitute a first substantive contact. If they wish to have an answer, they must first sign the form. Good luck.
1 vote Thank Flag Link Sat Jan 5, 2013
Yes, there is an official form. It's an advidavit that you fill out and must get notarized. Then you are to file it with your work on that deal you're working on with the buyer/seller. Your brokerage should have it. If not, have your manager go to the Dept. of State website (or call) and get it for you.

Nick Rafello, SVP
Associate Broker
The Corcoran Group
R TEAM - Rafello Rosenbloom & Robertson
636 Sixth Ave
NY, NY 10011
212-444-7852
nrafello@corcoran.com
1 vote Thank Flag Link Fri Jan 4, 2013
There is a form that is easy to see at the NY DOS site. Do a Google search for nys agency disclosure real estate and it will appear at the top of the page. I would have pasted in the link, but when you click on the link it takes you to a pdf file. It's the standard form I use every day for buyers and sellers. There is another for which is basically the same for landlord/tenants.

Donald A Mituzas
Licensed Associate Broker
2008 Realtor of the Year
Douglas Elliman Real Estate

http://www.nyhomeseller.com
0 votes Thank Flag Link Thu Jan 10, 2013
Hi William. Yes, it would be in your brokers office.

I hope this answered your question! If you have any further questions, please feel free to contact me by the ways below.


Wishing you all the best,

De Vonte Williamson , LSA
Proudly Serving Long Island
Coldwell Banker Residential
(631)384-3695
http://cbmoves.com/DeVonte.Williamson
http://devontesellsny.wordpress.com/
http://www.facebook.com/ISellNY
DeVonte.Williamson@cbmoves.com
0 votes Thank Flag Link Fri Jan 4, 2013
Thanks,

I am not a real estate agent. I am going to start the 75-hour program in a few days but I have already started studying on my own with a book purchased online.

I am a little bit confused. I cannot see any form for that on the DOS website and one broker said there is no official form. Would you be talking about a form prepared internally by your broker or his lawyer? This is confusing.
0 votes Thank Flag Link Fri Jan 4, 2013
Hello William,
Yes, there is such a document. It's called an "Unrepresented Persons" Real Estate Agency Disclosure Notice. Inquire with your office leader or Broker to obtain one and explain how it works. Essentially, it means that you would be representing the seller in all properties that you show to the "unrepresented" buyer.

Best wishes!

Laura Feghali
Prudential Connecticut Realty
0 votes Thank Flag Link Fri Jan 4, 2013
An
Yes one such form does exist, if you are an agent or a broker ask your broker owner/office manager.....
0 votes Thank Flag Link Fri Jan 4, 2013
Yes such a form does exit, if you are an agent ask your broker owner/office manager.....
0 votes Thank Flag Link Fri Jan 4, 2013
Not yet, I am going to start the 75-hour program in a few days but I have started studying on my own with a book. The form you mention is a form prepared by your broker or his lawyer I assume, not an official form. Right?
Flag Fri Jan 4, 2013
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