My preferred starting point for any New York residential conversation is a plain question: “Who do you represent right now?” The state agency disclosure gives that answer a formal structure. It explains the possible relationships and should appear early enough to matter—before a consumer mistakes access, assistance, or paperwork for representation.
The short version
- The residential agency disclosure explains relationships; it is not a representation contract.
- A seller’s agent and a buyer’s agent owe duties to different clients.
- Dual agency and designated agency should be explained before you give informed written consent.
Timing matters because advice begins early
The Department of State form explains seller’s agents, buyer’s agents, broker’s agents, dual agents, and designated sales agents. The form says it is not a contract. A separate agreement may cover the services, duration, compensation, and other terms of the relationship.
Name the role instead of inferring it
A seller’s agent represents the seller and does not represent the buyer. A buyer’s agent represents the buyer in searching for and negotiating a purchase, subject to the agreement between buyer and broker.
A broker’s agent helps a listing agent or buyer’s agent, but works for a different firm and has no direct agency relationship with that agent’s client. Ask each person to name the role. Do not infer representation from who opened the door, sent the listing, or prepared paperwork.
Pause before consenting to dual agency
The form explains that dual agency occurs when a broker represents buyer and seller with informed written consent. Because one brokerage is acting for both sides, it cannot give the full range of fiduciary duties to both parties. Designated sales agents may work within that structure. Ask how it would affect your transaction before you consent, and take legal questions to an attorney.
Keep disclosure, representation, and fair-housing notices separate
TopNetRealty’s New York Standardized Operating Procedures state the uniform requirements for prospective purchasers. They do not replace the state agency disclosure or a buyer-broker agreement. New York’s fair-housing disclosure is a separate consumer notice.
- Whom do you represent now, and could that change?
- What information will remain confidential?
- What separate agreement governs our work?
- Who should answer legal, tax, inspection, or lending questions?
Sources
Sources checked August 24, 2026. Agency pages, statutes, forms, and requirements can change; confirm the current version before relying on them.
- NYS buyer-and-seller agency disclosure Official agency relationship disclosure.
- New York Real Property Law § 443 Residential agency disclosure requirements and role definitions.
- NYS fair-housing guidance Official fair-housing notice and website guidance.
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This article provides general real estate information, not legal, tax, lending, environmental, engineering, inspection, accessibility, or investment advice. Requirements and property conditions vary. Confirm current information through the applicable public agency, transaction documents, and appropriately qualified professionals. Browsing, reading, or submitting an inquiry does not by itself create a brokerage, agency, fiduciary, or client relationship.