Pennsylvania Consumer Notice: When to Give It and the Agency Relationships It Explains

Short answer: In Pennsylvania, a licensee must give a consumer the Consumer Notice at the initial interview, which is the first contact where a substantive discussion about the consumer's real estate needs takes place. The Notice explains the business relationships a licensee may have with the consumer (seller agent, buyer agent, dual agent, designated agent, or transaction licensee), the duties every licensee owes, and that an agency relationship is not presumed. The Notice itself is not a contract. These rules come from section 608 of the Real Estate Licensing and Registration Act (RELRA) and 49 Pa. Code sections 35.284 and 35.336-35.339.

When the Consumer Notice must be given

• In person: give the written Consumer Notice at the initial interview.
• Not in person (for example, by phone): read the oral disclosure in section 35.339 word for word at the initial interview. It warns the consumer that anything they share is not confidential until a business relationship is formed. Then give the written Notice no later than the earlier of the first in-person meeting after the initial interview or the first time the licensee, or anyone working with the licensee, shows a property.
• Keep a record: give the consumer a copy and keep the signed acknowledgment for 6 months. If the consumer refuses to sign, note the refusal on the acknowledgment.

Different forms apply in two cases. A licensee working for an owner/landlord gives a prospective tenant the short leasing notice in section 35.337, which states the licensee's capacity (owner, direct employee, or agent under a property management or exclusive leasing agreement). Time-share estates use the notice in section 35.338. The disclosures do not apply in commercial sale or lease transactions unless the consumer is an individual.

The business relationships

Licensees employed by a broker have the same relationship to the consumer as the broker, unless the broker designates agents. A broker cannot extend or delegate the agency relationship to another broker without the principal's written consent, and paying a cooperating broker does not by itself create an agency relationship.

What a transaction licensee may never disclose

A transaction licensee must advise the consumer that the licensee is not acting as the consumer's agent or advocate and should not be given confidential information. Even so, a licensee may not disclose:

• that the seller will accept a price less than the asking or listed price;
• that the buyer will pay a price greater than the price in the written offer;
• that the seller or buyer will agree to financing terms other than those offered.

Like agents, transaction licensees must disclose known material defects about the property.

Duties every licensee owes every consumer

Under RELRA section 606.1(a), regardless of the relationship, a licensee owes all consumers duties that may not be waived, including to:

• exercise reasonable professional skill and care, and deal honestly and in good faith;
• present all written offers, notices and other written communications in a timely manner (a seller whose property is already under contract may waive the duty to present offers, in writing);
• comply with the Real Estate Seller Disclosure Law and account for all money and property received;
• timely disclose conflicts of interest, and disclose any financial interest, such as a referral fee, in services recommended to the consumer;
• advise the consumer to seek expert advice on matters beyond the licensee's expertise, and keep the consumer informed about the transaction.

Agency needs a written agreement

The Consumer Notice tells consumers that unless they select a business relationship by signing a written agreement, the licensee is not representing them; a business relationship is not presumed. A licensee may perform services before an agreement is signed, but a licensee who works for a fee paid by the consumer cannot recover that fee without a written agreement signed by the consumer that sets out the services and the fee. An open listing or a nonexclusive buyer/tenant agency agreement may be oral if the consumer receives a written memorandum of its terms. The duration of the agreement, the fees and the broker's cooperation and fee-sharing policies are negotiable.

On the exam

Agency and disclosure is one of the two largest State areas, with 10 of the 40 scored items (licensee conduct has 11) in the Pearson outline effective March 16, 2026. Expect questions on the timing of the Notice, phone contacts, dual agency consent, designated agency, and the three things a transaction licensee cannot reveal. Study more in Pennsylvania agency and disclosure, read the seller property disclosure guide, or browse all Pennsylvania lessons.

Independent exam-prep guide. Not affiliated with the Pennsylvania State Real Estate Commission, the Department of State or Pearson VUE. Always confirm current requirements with the Commission.