2025 Wisconsin Act 69 brings new practice changes for real estate licensees. Effective January 1, 2027, the new law increases transparency, consumer protection and safeguards for real estate licensees. To stay informed, review the “2027 Marketing Practice Changes FAQ” document as well as the WRA’s practice changes resources webpage.
Key provisions of the new law
Marketing of listed residential property: Ensures sellers understand how and where their property is marketed while allowing informed direction from the seller.
Cooperating firm compensation: Prohibits firm-to-firm compensation while allowing sellers to compensate firms working with a buyer, provided the compensation is documented in the offer to purchase.
Advertising enhanced by technology: Requires disclosure of when technology alters a property advertised by a licensee.
Marketing of listed property
Act 69 provides that a listing firm must share information about the property with agents working with buyers, respond to inquiries from any agent working with buyers, and make the property available for showings. The listing firm must list the property within one business day of the listing period on one or more internet platforms or websites. If the seller does not want the property listed within one business day, the seller will sign a disclosure and an opt-out form prescribed by the Wisconsin Department of Safety and Professional Services (DSPS) that allows the seller to opt out of public marketing on the internet.
Public marketing
Public marketing makes the property visible to a wide audience of prospective buyers. Generally, this means the property will be made available on internet platforms, real estate websites, social media platforms and other advertising channels.
Public marketing can help ensure all interested parties have an opportunity to learn about the property. Some benefits may include greater exposure to more prospective buyers, increased competition, more feedback from showings, and a better sense of interest in the property.
Restricting marketing
Sellers may choose how their property is marketed when it is listed by a real estate firm. A seller may choose to have their property publicly marketed or may choose to restrict the marketing of their property. If a seller chooses to restrict the marketing of their property, they will be asked to affirmatively opt out of public marketing with a disclosure and an opt-out form.
The purpose of the form is to ensure that the seller is making an informed decision to restrict the marketing of their property and that the seller has discussed marketing options with the listing firm. Additionally, the form confirms that the seller understands the potential impact of restricting marketing and that the seller — not the listing firm — is making the decision to restrict marketing.
Stay tuned
Act 69 aims to promote transparency, informed decision-making, and fair access for all participants in the real estate transaction, while preserving flexibility in how properties are marketed. This new law will mean updates to the WB forms that will have a mandatory use date of January 1, 2027. Stay tuned for more information and additional resources.
