If a realtor asked if I would sign a “sign in sheet” that later turned out to be a disclosure form, is that considered “informed written consent”?

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If a realtor asked if I would sign a “sign in sheet” that later turned out to be a disclosure form, is that considered “informed written consent”?

After the showing of an apartment, the realtor asked if my roommates and I would sign in so that she would have our info to contact us if any openings came up. Later down the line, she is stating that what we signed was a dual agency disclosure. Can that be upheld? Furthermore, are we, as lessees, required to pay the full fee in a dual agency transaction?

Asked on April 1, 2012 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends on how obvious it was that this was a disclosure form or not. If on the face of it, it was or should have been obvious, then you can be held to it--people are expected to read what they are going to sign before signing. If it was not obvious (e.g the disclosure terms in "small print," hidden, obscured, etc., however, it may be that  it is unenforceable...and if the form/sheet nowhere indicated that it was a disclosure form (i.e. it wasn't merely inobvious, but it simply was *not* a disclosure form), then you cannot be held to have agreed to the agency: a realtor cannot take a form signed for one reason apply to a wholly unconnected one.


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