Q: Last week I conducted an open house on behalf of a seller. During the open house, I met a woman who was interested in purchasing the unit. Upon speaking with and learning of the woman’s interest in purchasing the unit, I gave the woman the Agency Disclosure Form as required by New York State Law. However, after the open house, I learned that the woman is married. In light of the fact that the husband is also a potential purchaser, am I also required to provide the husband with the Agency Disclosure Form?
A: A Seller’s real estate broker must provide the Agency Disclosure Form to a prospective purchaser at the time of the “first substantive contact” with the prospective purchaser. If you have only made substantive contact with the wife, and you have not had any communications, interactions or contact with the husband, then you are not required to provide the Agency Disclosure Form to the husband. However, you must immediately provide the husband with the Agency Disclosure Form as soon as you establish “substantive contact” with him.
Neil B. Garfinkel
REBNY Broker Counsel
Partner-in-charge of real estate and banking practices at Abrams Garfinkel Margolis Bergson, LLP