Deep Dive: Agency and Disclosure

Explore this curated selection of expert-approved resources to deepen your insights and elevate your real estate business.

By Empire Learning 6 min read
Deep Dive: Agency and Disclosure

All agents have to complete real estate continuing education, but the best don't stop there. Our industry is ever-changing, and the most successful agents are the ones who never stop learning.

That’s why we’ve put together this collection of deep-dive resources just for you. These resources go beyond what's covered in our Agency CE course, giving you deeper insights, fresh perspectives, and actionable strategies to apply in your day-to-day business. So dive into these expert-approved reads and keep pushing your business forward.


1️⃣ Fiduciary Duties 101 for Agents

Fiduciary duties are the heart of agency law – and this article is like a cheat-sheet for remembering them. It covers the famous “OLDCAR” acronym (Obedience, Loyalty, Disclosure, Confidentiality, Accounting, Reasonable Care)​, explaining in everyday terms what each duty means in practice.

You’ll get clear examples of how these duties apply whether you represent sellers or buyers​. The tone is conversational and reassuring, so it’s easy to digest. If you need a refresher on why fiduciary duties are “the highest duties known to the law”​, this resource has you covered with a quick, informative read.

Real Estate Agent Fiduciary Duties 101
Here’s a little refresher on what a real estate agent’s fiduciary duties are and how they can impact the buying and selling process.

2️⃣ What Should I Disclose?

This post, written by a real estate attorney, dives into one of the toughest dilemmas agents face: what to do if a seller says “don’t tell the buyer about X.” 😬 It uses a real scenario (seller confides a problem and forbids disclosure) to discuss your obligations. You’ll learn how contract law and state statutes require you to disclose material facts and even perform diligent inspections in places like California.

The article is an eye-opener about risk management and makes it clear that protecting your client never means hiding truths from the other side. It’s a must-read legal perspective that will help you handle disclosure issues with confidence and integrity.

BPE Law | The Real Estate Agent’s Duty to Disclose

3️⃣ What Sellers Must Disclose to Buyers

Ever worry you or your client might miss a required disclosure? This comprehensive guide lists which property issues sellers are legally required to share, and it even links to the official disclosure forms for every U.S. state​. From foundational problems to whether you live near a farm (yes, that’s mandatory in some places!)​, it covers the gamut of property disclosures in a super approachable way.

It’s written for home sellers, but as an agent you’ll find it invaluable for double-checking that you and your clients comply with all the rules. Think of it as a handy checklist to ensure no important detail slips through the cracks in your next deal.

What Are You Required to Disclose When You Sell Your Home?
Here we’ve assembled a list of all 50 states’ real estate disclosure forms, so you know exactly what you’re required to tell buyers about your home upfront.

4️⃣ Warning: Be Wary of Dual Agency

This is a government-issued memo that lays out the legal pitfalls of dual agency in no uncertain terms. It’s a more serious read, but incredibly insightful if you want to understand your fiduciary duty of loyalty under law.

New York’s regulators explain how, as a fiduciary, you cannot serve parties with conflicting interests without informed consent​. The memo bluntly states that by consenting to dual agency, a client is “giving up their right to the agent’s undivided loyalty”​.

Reading this gives you the perspective of what the law expects – and why full disclosure and written consent are absolute musts if you ever venture into dual agency. It’s a powerful reminder straight from the authorities, reinforcing why transparency is non-negotiable in these situations.

Legal Memorandum LI12: Be Wary of Dual Agency

5️⃣ Dual Agency – A Seasoned Agent’s Take

Dual agency can be tricky, and long-time broker Bill Gassett doesn’t mince words about it. In this NAR Magazine commentary, he argues that “asking clients to sign a disclosure isn’t enough” and many agents “have no idea how dual agency truly works”​. 😮

Drawing on 32+ years of experience, the author explains why representing both buyer and seller often doesn’t benefit consumers. He urges agents to fully explain the downsides to clients, not just slide a form in front of them​. This read is engaging and a bit provocative – it might challenge your thinking and will definitely equip you to discuss dual agency more candidly and clearly with your clients.

Dual Agency Doesn’t Benefit Consumers
Asking clients to sign an agency disclosure form isn’t enough. You must explain what dual agency is and why it’s problematic.

6️⃣ Easy Guide to the Real Estate Code of Ethics

Staying ethical isn’t just good practice – it’s required! This friendly guide walks you through the National Association of REALTORS® Code of Ethics, highlighting why it exists and what’s in it​​. Did you know only 4% of people rated real estate agents’ honesty as “very high” in a 2022 poll​? 😲

This article shows how the 17 Articles of the Code help boost public trust, with real-world examples of duties to clients, the public, and other agents. It’s an engaging read that will remind you how following the Code can elevate your professionalism and reputation.

An Easy Guide to the Real Estate Code of Ethics
Explore the importance of the NAR Code of Ethics in the real estate industry. Learn how adherence to ethical standards builds trust, enhances professional reputation, and ensures success in real estate transactions.

7️⃣ Types of Listing Agreements

If you’ve ever wondered about the different ways to list a property, this quick read breaks down four common listing agreements – from open listings to exclusive right-to-sell​. It explains in plain language how each type works and what it means for your duties and commission​​.

The article is short and sweet (about 4 minutes) and gives you a solid grasp of key listing contract concepts, so you’ll feel more confident discussing options with clients. It’s a perfect refresher to ensure you and your sellers see eye-to-eye on the agreement from the start.

Types of Listing Agreements in Real Estate | Colibri Real Estate
Explore diverse listing agreements in real estate. Gain insights into exclusive, open, and dual agency contracts for informed property transactions.