What is the agency disclosure form?

It is the Disclosure Regarding Real Estate Agency Relationship, prescribed by Civil Code section 2079.16. The form explains the duties owed by a seller's agent, a buyer's agent, and a dual agent representing both parties, and it prints Civil Code sections 2079.13 through 2079.24 on the reverse. It is required in covered real property transactions under Civil Code section 2079.13, not only ordinary one-to-four residential sales. The form is standardized so the disclosure is uniform and cannot be altered or diluted by an individual agent.

When must the listing agent deliver it?

Under Civil Code section 2079.14, the listing agent must provide the disclosure form to the seller before entering into the listing agreement — that is, before the listing is signed. Delivering it at that point ensures the seller understands the agency relationship before committing to the representation. The agent must also obtain the seller's signed acknowledgment of receipt, and if the seller refuses to sign, document the refusal under section 2079.15.

When must the buyer's agent deliver it?

The buyer's agent must provide the form to the buyer as soon as practicable before the buyer executes a buyer-broker representation agreement and before the buyer signs the offer to purchase. If the offer is not prepared by the buyer's agent, the agent must present the form no later than the next business day after receiving the offer from the buyer. That next-business-day deadline is the key exception and a common exam target.

What happens if a party refuses to sign?

Under Civil Code section 2079.15, if the buyer or seller refuses to sign the acknowledgment of receipt, the agent or an associate licensee acting for the agent must set forth, sign, and date a written declaration of the facts of the refusal. This documents that the required disclosure was in fact delivered, protecting the agent even though the acknowledgment itself is unsigned. The duty to disclose is satisfied by delivery; the signature is proof, and its absence is cured by the written declaration.

What changed under AB 2992 in 2025?

Assembly Bill 2992, effective January 1, 2025, updated sections 2079.14 and 2079.16 to reflect written buyer-broker representation agreements, which buyers now sign with their agents. The timing rules were aligned so the agency disclosure is delivered in connection with that representation agreement and the offer. Current terminology refers to the "buyer's agent" rather than the older "selling agent." Candidates using older materials should note the modernized language and the tie to the written representation agreement.

California Agency Disclosure Timing: Civil Code 2079.14

TL;DR

California requires agents in covered real property transactions to give the buyer and seller a standardized agency disclosure form, and the exam tests both what the form says and exactly when it must be delivered. Under Civil Code section 2079.13, the definition of covered real property reaches well beyond one-to-four residential sales: it also includes multiunit residential property with more than four units, commercial real property, vacant land, a ground lease coupled with improvements, and certain manufactured or mobilehomes sold through an agent. The form itself is set by Civil Code section 2079.16 and is titled the Disclosure Regarding Real Estate Agency Relationship; it explains the duties of a seller's agent, a buyer's agent, and an agent representing both parties. The timing rules are in Civil Code section 2079.14. The listing agent must give the disclosure form to the seller before entering into the listing agreement. The buyer's agent must give it to the buyer as soon as practicable before the buyer signs a buyer-broker representation agreement and before the buyer's offer is executed; if the offer is not prepared by the buyer's agent, the agent must present the form no later than the next business day after receiving the offer. The agent must obtain a signed acknowledgment of receipt, and if a party refuses to sign, the agent documents that refusal in writing under section 2079.15. These sections were updated by Assembly Bill 2992, effective January 1, 2025, to reflect written buyer-broker representation agreements, so current terminology refers to the "buyer's agent" rather than the older "selling agent."

Why agency disclosure timing matters

California's agency disclosure law exists so that buyers and sellers understand, early and in writing, whom the agent represents and what duties flow from that relationship. An agent can represent the seller, the buyer, or — with the informed written consent of both — both parties. Because those roles carry different duties, the law requires the disclosure at the start, not buried in the closing paperwork. The statute applies to covered real property transactions as defined in Civil Code section 2079.13 — including single-family residential, multiunit residential with more than four units, commercial property, vacant land, qualifying ground leases, and certain manufactured or mobilehomes — and it governs both licensed brokers and their associate licensees.

The requirement is a sequence, not a single event. There are three separate documents in the agency framework: the disclosure form that explains the relationships, an election form where the agent confirms which party it represents, and a confirmation of the relationship in the purchase contract. This article focuses on the disclosure form and its delivery deadlines. The underlying relationships those forms describe — seller's agent, buyer's agent, and dual agent — are covered in our guide to agency relationships and dual agency disclosure.

The disclosure form under section 2079.16

Section 2079.16 prescribes the exact content of the Disclosure Regarding Real Estate Agency Relationship. The form describes the duties owed in each type of relationship. A seller's agent under a listing agreement owes the seller a fiduciary duty of utmost care, integrity, honesty, and loyalty, along with duties to both parties of diligent, reasonable skill and care, honest and fair dealing, and disclosure of material facts that are known to the agent and not known to or observable by the parties. A buyer's agent owes the same fiduciary duty to the buyer and the same shared duties to both parties. An agent representing both the seller and the buyer — a dual agent — owes fiduciary duties to both, but cannot, without written consent, disclose to the buyer that the seller will accept less than the listing price, or to the seller that the buyer will pay more than the offer.

The statute directs that the body of the disclosure include the text of Civil Code sections 2079.13 through 2079.24 printed on the reverse, so the parties receive both the plain-language summary and the underlying definitions. The form is standardized precisely so that the disclosure is uniform across transactions and cannot be watered down. Because the form spells out the duty to disclose material facts affecting value, it overlaps with the separate statutory duty to inspect and disclose property condition, covered in our guide to the broker inspection duty from Easton v. Strassburger.

Delivery deadlines under section 2079.14

Section 2079.14 fixes who delivers the form and when. The listing agent, if there is one, must provide the disclosure form to the seller before entering into the listing agreement — that is, before the listing is signed. The buyer's agent must provide the form to the buyer as soon as practicable before the buyer executes a buyer-broker representation agreement and before the buyer signs the offer to purchase. If the offer to purchase is not prepared by the buyer's agent — for example, where the buyer submits an offer directly — the buyer's agent must present the disclosure form to the buyer no later than the next business day after receiving that offer. In each case the agent must obtain a signed acknowledgment of receipt from the party.

The next-business-day backstop is the detail exam questions most often target, because it is the exception to the "before signing" rule. Section 2079.15 handles the situation where a buyer or seller refuses to sign the acknowledgment: the agent, or an associate licensee acting for the agent, must set forth, sign, and date a written declaration of the facts of the refusal, which preserves proof that the disclosure was made. The 2025 amendments from Assembly Bill 2992 aligned this timing with the newer requirement that buyers sign a written representation agreement with their agent, reflecting the shift in industry practice toward formalizing the buyer-agent relationship. Once the relationships are disclosed and confirmed, they are restated in the purchase agreement itself, which ties into our guide to the transfer disclosure statement that accompanies the transaction.

Frequently Asked Questions

What is the agency disclosure form?: It is the Disclosure Regarding Real Estate Agency Relationship, prescribed by Civil Code section 2079.16. The form explains the duties owed by a seller's agent, a buyer's agent, and a dual agent representing both parties, and it prints Civil Code sections 2079.13 through 2079.24 on the reverse. It is required in covered real property transactions under Civil Code section 2079.13, not only ordinary one-to-four residential sales. The form is standardized so the disclosure is uniform and cannot be altered or diluted by an individual agent.
When must the listing agent deliver it?: Under Civil Code section 2079.14, the listing agent must provide the disclosure form to the seller before entering into the listing agreement — that is, before the listing is signed. Delivering it at that point ensures the seller understands the agency relationship before committing to the representation. The agent must also obtain the seller's signed acknowledgment of receipt, and if the seller refuses to sign, document the refusal under section 2079.15.
When must the buyer's agent deliver it?: The buyer's agent must provide the form to the buyer as soon as practicable before the buyer executes a buyer-broker representation agreement and before the buyer signs the offer to purchase. If the offer is not prepared by the buyer's agent, the agent must present the form no later than the next business day after receiving the offer from the buyer. That next-business-day deadline is the key exception and a common exam target.
What happens if a party refuses to sign?: Under Civil Code section 2079.15, if the buyer or seller refuses to sign the acknowledgment of receipt, the agent or an associate licensee acting for the agent must set forth, sign, and date a written declaration of the facts of the refusal. This documents that the required disclosure was in fact delivered, protecting the agent even though the acknowledgment itself is unsigned. The duty to disclose is satisfied by delivery; the signature is proof, and its absence is cured by the written declaration.
What changed under AB 2992 in 2025?: Assembly Bill 2992, effective January 1, 2025, updated sections 2079.14 and 2079.16 to reflect written buyer-broker representation agreements, which buyers now sign with their agents. The timing rules were aligned so the agency disclosure is delivered in connection with that representation agreement and the offer. Current terminology refers to the "buyer's agent" rather than the older "selling agent." Candidates using older materials should note the modernized language and the tie to the written representation agreement.
Does the disclosure apply to all properties?: It applies in covered "real property transactions" as defined by Civil Code section 2079.13, not just one-to-four residential sales. That definition includes single-family residential property, multiunit residential property with more than four dwelling units, commercial real property, vacant land, a ground lease coupled with improvements, and certain manufactured or mobilehomes sold through an agent. Within that scope it applies to licensed brokers and their associate licensees alike. Note this is broader than the separate visual-inspection duty under section 2079, which is limited to one-to-four unit dwellings and manufactured homes.

Bottom Line

California's agency disclosure law requires a standardized form and strict delivery timing in covered real property transactions, including residential, commercial, vacant-land, qualifying ground-lease, and certain manufactured or mobilehome transactions. Civil Code section 2079.16 sets the Disclosure Regarding Real Estate Agency Relationship, describing the duties of a seller's agent, a buyer's agent, and a dual agent. Civil Code section 2079.14 sets the timing: the listing agent delivers the form to the seller before the listing agreement is signed, and the buyer's agent delivers it as soon as practicable before the buyer signs a buyer-broker representation agreement and the offer — or, if the agent did not prepare the offer, no later than the next business day after receiving it. A signed acknowledgment is required, and a refusal is documented under section 2079.15. Assembly Bill 2992, effective January 1, 2025, modernized the language to reference the buyer's agent and written representation agreements. For related topics, see our guides to agency relationships and dual agency, the broker inspection duty, and the transfer disclosure statement.

Source: California Civil Code §§ 2079.14 (delivery timing) and 2079.16 (disclosure form), as amended by AB 2992 (Stats. 2024, Ch. 516), effective January 1, 2025. Civil Code § 2079.14 (FindLaw) · Civil Code § 2079.16 (Justia, 2025) · Civil Code § 2079.16 (leginfo)