Which documents typically create an agency relationship in a NY real estate transaction?

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In New York real estate, the agency relationship is formed when a broker is engaged by a seller or a buyer through a signed listing agreement or buyer representation agreement, and it is clarified by a written agency disclosure form. The agreement creates the legal relationship and duties between the broker and the client, while the disclosure form ensures all parties understand who represents whom and the scope of that representation.

That’s why this option is best: it includes a listing agreement or a buyer representation agreement (which establish the client-broker relationship) and it is accompanied by the required written agency disclosure form to inform and protect all parties. A disclosure alone doesn’t create the relationship, and financing documents like a contract for deed and a mortgage lien aren’t about establishing agency.