The New WB Forms Are Here: Part 1

The revised WB-1 Residential Listing Contract — Exclusive Right to Sell has a new approach to marketing residential property and a new companion form: the WB-55 Public Marketing Opt-Out Agreement.

Both forms implement the public marketing requirements created by 2025 Wisconsin Act 69. The revised WB-1 Residential Listing Contract establishes the listing firm’s marketing obligations, while the WB-55 Public Marketing Opt-Out Agreement documents the seller's decision to opt out of public marketing.

The revised forms are available for optional use beginning October 1, 2026, and become mandatory for use January 1, 2027. To see the new forms and an overview of the changes, visit the WRA’s forms update resource webpage.

Start with the new public marketing rule

Wis. Stat. § 452.1355 applies when a listing firm represents an owner in a transaction involving residential property containing one to four dwelling units. The statute requires the listing firm to:

Share information about the property with licensees representing prospective buyers.

Respond to inquiries from licensees representing prospective buyers.

Make the property available for showing to prospective buyers.

And within one business day from the start date of the listing contract, advertise or market the property for sale on one or more internet platforms or websites accessible to the general public and licensees representing prospective buyers, unless the seller opts out of public marketing.

These requirements are reflected in the revised WB-1 Residential Listing Contract. The new law separates two related concepts: cooperation with licensees representing prospective buyers and public marketing of the property. A seller’s decision to opt out of public marketing does not eliminate the listing firm’s other statutory cooperation obligations.

What does public marketing require?

For purposes of the new law, the listing firm must advertise or market the property on at least one internet platform or website that is accessible both to the general public and to real estate licensees representing prospective buyers, unless the seller opts out of public marketing.

The deadline is important. Unless the seller opts out, public marketing must occur within one business day from the start date of the listing contract.

The revised WB-1 incorporates this requirement directly into the listing relationship so the seller and listing firm know at the outset whether the property will be publicly marketed.

What if the seller does not want public marketing?

Public marketing is the general rule, but Act 69 permits a seller to opt out.

That is where the new WB-55 Public Marketing Opt-Out Agreement comes in. The WB-55 does not replace the WB-1 Residential Listing Contract. A seller who opts out still enters into the WB-1 with the listing firm and also completes the WB-55 to document the decision not to publicly market the property.

The WB-55 documents the seller’s request to opt out and requires the seller to provide a reason for doing so. The seller also acknowledges the potential consequences of choosing not to publicly market the property.

The WB-1 and WB-55 work together when a seller opts out of public marketing:

The WB-1 Residential Listing Contract establishes the listing relationship and provides that the property will be publicly marketed unless the seller opts out.

The WB-55 Public Marketing Opt-Out Agreement documents the seller’s decision to opt out of public marketing.

What does the seller acknowledge on the new WB-55?

Opting out may affect the exposure the property receives. Act 69 requires the opt-out form to advise the seller that:

Real estate licensees and prospective buyers may not know the property is available for sale.

The property will not appear on internet platforms or websites used by the general public to search for listings.

Licensees and prospective buyers may not know the terms and conditions under which the property is being offered.

And reduced exposure may reduce the number of offers, may result in a reduced sales price and may negatively affect the seller’s ability to sell the property.

The WB-55 documents the seller’s acknowledgment of these potential consequences.

Opting out of public marketing does not mean opting out of cooperation

A seller’s decision to opt out of public marketing means the listing firm will not advertise or market the property to the public as otherwise required by Act 69. The listing firm, however, continues to have statutory cooperation obligations when a licensee representing a prospective buyer inquires about the property.

If a licensee representing a prospective buyer contacts the listing firm about the property, the listing firm must still respond to the inquiry. The property must also be made available for showing as required by law, subject to the seller’s showing instructions.

The important distinction is between publicly marketing the property and cooperating with licensees representing prospective buyers who inquire about it. The WB-55 opts the seller out of the former, not the latter.

What does this look like in practice?

Consider a seller who signs a revised WB-1 Residential Listing Contract with a term that starts Monday.

If the seller does not opt out of public marketing, the listing firm must comply with the public-marketing requirement within one business day from the start date of the listing contract.

If the seller instead elects not to have the property publicly marketed, the seller completes the WB-55. The WB-55 documents the seller’s decision, the reason for the decision, and the seller’s acknowledgment of the potential consequences of limiting the property’s exposure.

The listing firm must also comply with applicable MLS rules and should check with its MLS for instructions on how to proceed when a seller uses a WB-55 Public Marketing Opt-Out Agreement.

What if the seller changes their mind?

A seller who initially opts out may later decide to publicly market the property. A seller also may intend from the beginning to opt out only temporarily, such as to allow additional time to prepare the property for public marketing.

The WB-55 addresses these possibilities and provides that the seller must amend the listing contract to change the seller’s election and remove the public-marketing opt-out. The form also cautions that beginning public marketing may trigger applicable posting or publication requirements of an MLS or other listing or advertising network.

Licensees should therefore document a change in the seller’s marketing instructions rather than simply beginning public marketing after an opt-out.

A new conversation at the listing appointment

For listing agents, the practical change is not simply another form to complete. The revised WB-1 and new WB-55 create a conversation that should occur when the listing is taken.

Is the property going to be publicly marketed?

For most sellers, the answer will be yes, and the listing firm will proceed with public marketing under the revised WB-1. A seller who wants to opt out should understand the potential consequences of limiting the property’s exposure and document that decision using the WB-55.

Understanding how the WB-1 Residential Listing Contract and WB-55 Public Marketing Opt-Out Agreement work together will help licensees discuss public marketing with sellers, explain the seller’s options and properly document the seller’s decision.