State Private Listing Laws (2026): Compliance Reference for Brokers

Between December 2025 and October 2026, three states enacted laws regulating private real estate listings, with Wisconsin's law still to take effect. New York's bill has passed its legislature and awaits signature, and other states have had bills pending. The laws follow two models. Brokers need to know which model applies in their state, what it requires, and how the seller's choice among the permitted options is explained and documented.

Updated October 17, 2026

The short version. Wisconsin (2025 Act 69, effective January 1, 2027), Washington (SB 6091, in effect since June 11, 2026), and Connecticut (SB 340, in effect since October 1, 2026) have enacted laws. New York's S10274 passed the legislature in June 2026 and is pending the governor's signature. Washington uses a prohibition model with a health-or-safety exception. Wisconsin, Connecticut, and New York use an opt-out model: public marketing by default, with private marketing permitted when the seller signs a state-prescribed form. A separate question remains under either model: how the seller's choice was explained and documented. A documented listing decision records that, complements the required state form, and does not replace it. The Listing Strategy Decision Record (LSDR) is one tool built to produce one.

State-by-state at a glance

The table summarizes the four laws. It is a summary for general awareness; confirm statutory text, trigger language, and penalties with counsel. Each state name links to a deeper page.

State Bill Effective Model Trigger Opt-out path Penalties
Wisconsin
Enacted
2025 Act 69 (formerly AB 456) January 1, 2027 Opt-out Within one business day of the start of the agency agreement Owner signs the department-prescribed disclosure and opt-out form Licensing discipline; confirm in the statute
Washington
In effect
SB 6091 June 11, 2026 Prohibition Marketing to a limited or exclusive group without concurrent public marketing None, other than the health-or-safety exception Licensing discipline; confirm in the statute
Connecticut
In effect
SB 340 October 1, 2026 Opt-out Public marketing required unless the seller signs the opt-out form State opt-out form, plus a safety exception Fines and licensing action; confirm amounts in the statute
New York
Pending
S10274 (A10679) 180 days after signing Opt-out Within one calendar day of the start of the written listing agreement, per reporting Informed written direction after a standardized disclosure, with a Fair Housing acknowledgment Reported fines of up to $5,000; confirm in the bill

The two models

Opt-out (Wisconsin, Connecticut, New York). Public marketing is the default. Private marketing is permitted when the seller signs a state-prescribed disclosure and opt-out form acknowledging the tradeoffs. In Wisconsin the form is prescribed by the state department; in New York the bill describes a standardized state disclosure. The seller's signature is the gating step.

Prohibition (Washington). Marketing to a limited or exclusive group without concurrent public marketing is barred, with an exception where public marketing would be reasonably likely to endanger the owner's or occupant's health or safety. There is no opt-out for personal preference.

What a record of the decision adds under each model

Under an opt-out model, the state form records that the seller opted out. A documented listing decision records what the seller was shown, what mattered to the seller, and what the seller chose, and the seller signs both. Under Washington's prohibition model, there are fewer choices to document, and the safety exception is a fact-based question for the broker and counsel. A record of the seller's stated concern can sit alongside that analysis; it is not a finding that the exception is met. Where a statute narrows the private option, a record of the decision still documents the choices that remain.

Where the LSDR fits

The LSDR is one tool built to produce a documented listing decision. It records the decision only; execution and outcomes are documented separately. It complements required state and MLS forms, does not replace them, and is not legal advice. It does not tell you whether a given practice satisfies a statute. It is published by LTC Capital, LLC, which shares common ownership with The Cyr Team.

State-by-state details

Wisconsin 2025 Act 69 · Effective Jan 1, 2027

Signed: December 9, 2025 by Gov. Tony Evers · Scope: Residential property, 1-4 dwelling units

Wisconsin was the first state to enact a private-listing law. Under 2025 Act 69, formerly AB 456, a listing firm must advertise or market the property on internet platforms accessible to the general public and to licensees representing buyers within one business day of the start of the agency agreement, unless the owner completes and signs a disclosure and opt-out form prescribed by the state's Department of Safety and Professional Services.

The trigger is the start of the agency agreement, not a first private showing. The opt-out form is department-prescribed, so its content is set by the state rather than by an MLS or a brokerage. Confirm the current form and requirements with counsel before January 1, 2027.

Wisconsin deep dive →

Washington SB 6091 · In effect since June 11, 2026

Signed: March 16, 2026 by Gov. Bob Ferguson · Scope: Residential real estate

Washington is the only prohibition-model state of the four. As summarized in this reference, a broker may not market residential real estate to a limited or exclusive group of prospective buyers or brokers unless the property is concurrently marketed to the general public and other brokers, except as reasonably necessary to protect the health or safety of the owner or occupant.

There is no opt-out for personal preference. Whether the safety exception applies to a given listing is a fact-based question for the broker and counsel. Confirm the statutory text and penalties before relying on this summary.

Washington deep dive →

Connecticut SB 340 · In effect since Oct 1, 2026

Signed: May 27, 2026 by Gov. Ned Lamont · Scope: Residential property, 1-4 units

Connecticut follows the opt-out model. A listing agent for a one-to-four-unit residential property must publicly advertise or market it unless the seller completes and signs the state's Seller/Landlord Opt-Out of Real Estate Public Marketing form. Reporting also describes a separate exception for a bona fide safety or similar need, with the seller's written direction still required.

Confirm the timing trigger, the form's current content, and the penalties against the statute; reporting on the exact trigger language is not consistent enough to summarize here.

Connecticut deep dive →

New York S10274 · Pending governor

Status: Passed both chambers in early June 2026; awaiting the governor's signature · Scope: Residential real property · Effective: 180 days after signing

New York's Fair and Transparent Real Estate Listings Act follows the opt-out model. Reporting on the bill describes a requirement to publicly advertise or market within one calendar day of the start of a written listing agreement, with private marketing permitted after the seller gives informed written direction following a standardized disclosure.

The bill also calls for a Fair Housing acknowledgment in the opt-out, and reporting describes fines of up to $5,000 for violations. Because the bill is unsigned, nothing here is law yet. Confirm the current text and status.

New York deep dive →

Other states

Bills in Illinois and Hawaii were pending in the most recent reporting reviewed for this page, and other states may follow. Check current status before relying on this reference for those states.

Frequently asked questions

Which states have laws restricting private real estate listings?

As of October 2026, three states have enacted laws: Wisconsin (2025 Act 69, formerly AB 456, signed December 2025, effective January 1, 2027), Washington (SB 6091, signed March 16, 2026, in effect since June 11, 2026), and Connecticut (SB 340, signed May 27, 2026, in effect since October 1, 2026). New York's bill passed both chambers in early June 2026 and is pending the governor's signature, with a 180-day effective window once signed. Illinois and Hawaii had bills pending in the most recent reporting reviewed for this page; check current status.

What is the difference between an opt-out model and a prohibition model?

An opt-out model requires public marketing by default and permits private marketing when the seller signs a state-prescribed disclosure and opt-out form. Wisconsin, Connecticut, and New York follow this approach. A prohibition model bars marketing to a limited or exclusive group without concurrent public marketing, with an exception where public marketing would be reasonably likely to endanger the owner's or occupant's health or safety. Washington is the only state on this model among the four.

Which state's law takes effect first?

Washington's SB 6091 took effect June 11, 2026. Connecticut's SB 340 followed on October 1, 2026. Wisconsin's Act 69 takes effect January 1, 2027, although it was signed first. New York's bill would take effect 180 days after the governor signs it, if she does.

Do these laws apply to commercial properties?

The enacted laws are directed at residential property, generally one to four dwelling units. Commercial property and larger multifamily are generally outside their scope. Confirm the scope of each statute with counsel, and note that a broker's duties to a seller apply regardless of property type.

What documentation should brokers maintain?

That depends on the state and the brokerage's policy; confirm with counsel. The common pattern is the state-prescribed disclosure and opt-out form where one applies, any MLS paperwork required for a restricted listing, and, as a professional practice, a record of how the seller reached the choice. A documented listing decision is that last record: what the seller was shown, what mattered to the seller, and what the seller chose. The Listing Strategy Decision Record (LSDR) is one tool built to produce one. It complements the required forms and does not replace them.

Does the LSDR work in Washington?

The LSDR can record the circumstance a seller identifies, including a safety concern, along with what the seller was shown and chose. It does not determine whether Washington's health-or-safety exception applies to a given listing. That is a fact-based question for the broker and counsel, and a record of the seller's stated concern is not a finding that the exception is met.

Do these laws affect brokerage-internal or multi-brokerage private networks?

Several of these laws address private networks and restricted-access platforms directly, and whether a particular arrangement satisfies a state's requirement depends on the statutory text. Review any network practice with counsel before relying on it. The LSDR does not address that question; it records a seller's listing-strategy decision.

Configure your LSDR

The LSDR is licensed per agent and configured to your brokerage, your MLS, and your stated practices. It pairs with whichever state-required form applies to your seller.

Start configuration → See pricing →

Sources. Wisconsin Department of Safety and Professional Services materials on 2025 Wisconsin Act 69 (signed December 9, 2025; effective January 1, 2027). Reporting on Washington SB 6091, Connecticut SB 340, and New York S10274 from HousingWire, Inman, RISMedia, and The Real Deal. This page is a summary for informational purposes only and does not constitute legal advice. Statutory text, trigger language, penalties, and effective dates should be confirmed against the statute and with counsel for each state where you operate.