National guidance
NAR's guidance applies nationwide and sets the baseline broker duties for office-exclusive and pre-marketing listings. State laws below are overlays on top of it.
The two broker duties in NAR's July 2026 guidance — explaining how each option serves the seller, and securing the required signed disclosure — and where a documented listing decision fits.
The Bright disclosure form is removed July 22; the two-day entry deadline moves to signing. Why the duty to document an informed listing-strategy decision is unaffected.
State laws
Four states have passed or advanced private-listing laws, splitting into opt-out and prohibition models.
How WA, WI, CT, and NY compare — and which model each follows.
Prohibition model. Effective June 11, 2026.
Public marketing as default. Effective January 1, 2027.
Opt-out model. Effective October 1, 2026.
Opt-out plus fair-housing acknowledgment. Awaiting signature.
Liability & consent
The stacked liability picture for managing brokers: E&O, supervision, fair housing, and civil exposure.
MLS documentation requirements vary and are shifting. Why the duty sits with the broker regardless, and how to build a process that survives a rule change.
What consent actually requires — procedural vs. substantive, and the initiation-source question.