New York Laws
Article 12-A - Real Estate Brokers and Real Estate Salespersons
443 - Disclosure Regarding Real Estate Agency Relationship; Form.

(I)(We) acknowledge receipt of a copy of this disclosure form:
Signature of { } Buyer(s) and/or { } Seller(s):
____________________ ____________________
____________________ ____________________
Date:_______________ Date:_______________
b. For landlord-tenant transactions, the following shall be the
disclosure form:
NEW YORK STATE DISCLOSURE FORM
FOR
LANDLORD AND TENANT

THIS IS NOT A CONTRACT
New York state law requires real estate licensees who are acting as
agents of landlords and tenants of real property to advise the potential
landlords and tenants with whom they work of the nature of their agency
relationship and the rights and obligations it creates. This disclosure
will help you to make informed choices about your relationship with the
real estate broker and its sales agents.
Throughout the transaction you may receive more than one disclosure
form. The law may require each agent assisting in the transaction to
present you with this disclosure form. A real estate agent is a person
qualified to advise about real estate.
If you need legal, tax or other advice, consult with a professional in
that field.

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS
LANDLORD'S AGENT

A landlord's agent is an agent who is engaged by a landlord to
represent the landlord's interest. The landlord's agent does this by
securing a tenant for the landlord's apartment or house at a rent and on
terms acceptable to the landlord. A landlord's agent has, without
limitation, the following fiduciary duties to the landlord: reasonable
care, undivided loyalty, confidentiality, full disclosure, obedience and
duty to account. A landlord's agent does not represent the interests of
the tenant. The obligations of a landlord's agent are also subject to
any specific provisions set forth in an agreement between the agent and
the landlord. In dealings with the tenant, a landlord's agent should (a)
exercise reasonable skill and care in performance of the agent's duties;
(b) deal honestly, fairly and in good faith; and (c) disclose all facts
known to the agent materially affecting the value or desirability of
property, except as otherwise provided by law.

TENANT'S AGENT

A tenant's agent is an agent who is engaged by a tenant to represent
the tenant's interest. The tenant's agent does this by negotiating the
rental or lease of an apartment or house at a rent and on terms
acceptable to the tenant. A tenant's agent has, without limitation, the
following fiduciary duties to the tenant: reasonable care, undivided
loyalty, confidentiality, full disclosure, obedience and duty to
account. A tenant's agent does not represent the interest of the
landlord. The obligations of a tenant's agent are also subject to any
specific provisions set forth in an agreement between the agent and the
tenant. In dealings with the landlord, a tenant's agent should (a)
exercise reasonable skill and care in performance of the agent's duties;
(b) deal honestly, fairly and in good faith; and (c) disclose all facts
known to the tenant's ability and/or willingness to perform a contract
to rent or lease landlord's property that are not inconsistent with the
agent's fiduciary duties to the buyer.

BROKER'S AGENTS

A broker's agent is an agent that cooperates or is engaged by a
listing agent or a tenant's agent (but does not work for the same firm
as the listing agent or tenant's agent) to assist the listing agent or
tenant's agent in locating a property to rent or lease for the listing
agent's landlord or the tenant agent's tenant. The broker's agent does
not have a direct relationship with the tenant or landlord and the
tenant or landlord can not provide instructions or direction directly to
the broker's agent. The tenant and the landlord therefore do not have
vicarious liability for the acts of the broker's agent. The listing
agent or tenant's agent do provide direction and instruction to the
broker's agent and therefore the listing agent or tenant's agent will
have liability for the acts of the broker's agent.

DUAL AGENT

A real estate broker may represent both the tenant and the landlord if
both the tenant and landlord give their informed consent in writing. In
such a dual agency situation, the agent will not be able to provide the
full range of fiduciary duties to the landlord and the tenant. The
obligations of an agent are also subject to any specific provisions set
forth in an agreement between the agent, and the tenant and landlord. An
agent acting as a dual agent must explain carefully to both the landlord
and tenant that the agent is acting for the other party as well. The
agent should also explain the possible effects of dual representation,
including that by consenting to the dual agency relationship the
landlord and tenant are giving up their right to undivided loyalty. A
landlord and tenant should carefully consider the possible consequences
of a dual agency relationship before agreeing to such representation. A
landlord or tenant may provide advance informed consent to dual agency
by indicating the same on this form.

DUAL AGENT
WITH
DESIGNATED SALES AGENTS

If the tenant and the landlord provide their informed consent in
writing, the principals and the real estate broker who represents both
parties as a dual agent may designate a sales agent to represent the

tenant and another sales agent to represent the landlord. A sales agent
works under the supervision of the real estate broker. With the informed
consent in writing of the tenant and the landlord, the designated sales
agent for the tenant will function as the tenant's agent representing
the interests of and advocating on behalf of the tenant and the
designated sales agent for the landlord will function as the landlord's
agent representing the interests of and advocating on behalf of the
landlord in the negotiations between the tenant and the landlord. A
designated sales agent cannot provide the full range of fiduciary duties
to the landlord or tenant. The designated sales agent must explain that
like the dual agent under whose supervision they function, they cannot
provide undivided loyalty. A landlord or tenant should carefully
consider the possible consequences of a dual agency relationship with
designated sales agents before agreeing to such representation. A
landlord or tenant may provide advance informed consent to dual agency
with designated sales agents by indicating the same on this form.

This form was provided to me by _____________________ (print name of
licensee) of __________________ (print name of company, firm or
brokerage), a licensed real estate broker acting in the interest of the:
(I) (We) _____________________________________________ acknowledge
receipt of a copy of this disclosure form:

Signature of { } Landlord(s) and/or { } Tenant(s):

______________________________________________________

_______________________________________________________

Date: _______________ Date: ________________

5. This section shall not apply to a real estate licensee who works
with a buyer, seller, tenant or landlord in accordance with terms agreed
to by the licensee and buyer, seller, tenant or landlord and in a
capacity other than as an agent, as such term is defined in paragraph a
of subdivision one of this section.
6. Nothing in this section shall be construed to limit or alter the
application of the common law of agency with respect to residential real
estate transactions.