Real Estate Legal Compliance Checklist

Record the MLS number, property address, file ID in Dotloop or SkySlope, and the transaction coordinator assigned. Pull the file from the brokerage transaction management system before starting — paper-only files are a red flag for incomplete uploads.

Pre-1978 homes trigger the federal lead-based paint disclosure, the EPA Protect Your Family pamphlet, and the 10-day inspection opportunity (waivable in writing). Capture year built from public records, not the seller's word.

The title commitment from the settlement agent should show vesting, legal description, and Schedule B exceptions (easements, liens, HOA covenants). Flag any objections that were raised but not cleared on the commitment.

Most state license laws require the agency disclosure form before discussing buying or selling preferences — not at offer. Date on the form should precede the first showing or listing presentation. Late agency disclosure is one of the most common file-review citations.

If this is a dual-side transaction, confirm informed written consent from both parties — oral consent is a license violation. Dual agency is illegal in FL, CO, KS, OK, VT, and AK; flag immediately if the file shows dual representation in those states.

Attach both buyer and seller signed dual-agency acknowledgments. Forms must be signed before the buyer's offer is presented, not after acceptance.

Blank fields on a seller's property disclosure are the leading source of post-closing litigation. Listing agent should have walked through the form with the seller — confirm there are no "unknown" answers on items the seller would obviously know (foundation, roof, prior flooding).

Required for any pre-1978 home: signed disclosure form, EPA Protect Your Family pamphlet acknowledgment, and the 10-day inspection election (taken or waived in writing). EPA fines run into five figures per missing form.

Scan public and agent remarks for protected-class language: "perfect for families," "walking distance to church," "safe neighborhood," "master bedroom" in some MLSs. Steering language and amenity-by-protected-class references both trigger HUD complaints.

State license law requires the designated REALTOR or brokerage name on every piece of advertising — yard signs, social posts, postcards, flyers. Agent's personal team brand alone is a violation in most states.

For rental files, written screening criteria (income multiple, credit threshold, eviction history) must be applied uniformly. Source-of-income protections apply in many states and HUD-funded jurisdictions — Section 8 vouchers cannot be excluded categorically.

Most states require earnest money deposit to broker trust within 3 business days of receipt. Confirm the deposit slip date against the contract effective date — late deposit is a license violation even if the funds eventually cleared.

Document the late-deposit reason, the deposit date, and any commingling that occurred. Notify the broker-in-charge — state commission audits look at exception reports as evidence of brokerage oversight.

Post-NAR settlement, buyer-agent compensation is no longer published in MLS. Confirm written buyer-broker agreement and a separate compensation agreement with the listing side match the ALTA settlement statement line items.

Buyer or seller should attest that wire instructions were verified verbally to a known phone number from the title company — never the number on the emailed PDF. Wire fraud losses are catastrophic and uninsured; the audit-trail attestation is the only mitigation that holds up.

FinCEN's residential AML rule covers all-cash purchases above $300K in covered jurisdictions, with broader GTOs in named metros. If the transaction is all-cash, confirm the title company's beneficial-ownership reporting and document the file's role.

TRID requires the Closing Disclosure to the buyer at least 3 business days before consummation. Changes in APR, loan product, or prepayment penalty restart the 3-day clock. Document the CD delivery timestamp.

Most MLSs require status change to Closed with accurate sold price within 24-48 hours. Bad comp data damages the broader market and triggers MLS fines against the brokerage.

Managing broker reviews the file, captures the result, and notes any items for agent coaching. Files marked "Fail" route to the brokerage compliance log and a remediation conversation with the agent.