Governor Tony Evers signed 2025 Wisconsin Act 69, formerly AB 456, on December 9, 2025. It takes effect January 1, 2027. For one-to-four-unit residential property, public marketing is the default, and an owner can opt out by signing a department-prescribed form. This page describes what the act requires and where a record of the seller's decision fits alongside the required form.
Updated October 17, 2026
The short version. From January 1, 2027, a Wisconsin listing firm must advertise or market a one-to-four-unit residential property on internet platforms accessible to the general public and to buyers' licensees within one business day from the start of the agency agreement, unless the owner completes and signs the disclosure and opt-out form prescribed by the state department. The trigger is the start of the agency agreement. The law does not ban private marketing. The required form records that the owner asked to withhold the property from public marketing; a documented listing decision records what the seller was shown and chose, and the seller signs both. The Listing Strategy Decision Record (LSDR) is one tool built to produce one.
For residential property of one to four dwelling units, the act's marketing provision requires the listing firm to advertise or market the property on one or more internet platforms accessible to the general public and to licensees representing prospective buyers or tenants. The deadline is one business day from the start of any agency agreement authorizing the firm to sell or lease the property. The exception is where the owner completes and signs a disclosure and opt-out form prescribed by the department.
The act also addresses other subjects, including compensation between firms and listing contract content. This page covers only the marketing provision. Review the full act and the state department's materials, and confirm with counsel how the act applies to your practice, including how the one-business-day period is counted.
The opt-out is the owner's signed disclosure and opt-out form, prescribed by the state department rather than by an MLS or a brokerage. Department materials describe the form as including the owner's written request that the listing firm withhold the property from identified public marketing, acknowledgments the owner initials, an explanation of the purpose and implications of signing, and guidance on how marketing restrictions may affect exposure and competition. A draft of the form was before the department's forms council in May 2026. Confirm the final form and any later changes.
Act 69 gives a Wisconsin seller a choice at the start of the listing: public marketing, or a signed opt-out. The form records that the owner opted out. A documented listing decision records what the seller was shown, what mattered to the seller, the tradeoffs between those priorities, the seller's stated reason, and what the seller chose, with a defined fallback trigger where marketing is restricted and the signatures of the seller, the listing agent, and the broker. It applies equally where the seller chooses public marketing.
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 the department-prescribed form, does not replace it, and is not legal advice. It does not tell you whether a given practice satisfies Act 69. It is published by LTC Capital, LLC, which shares common ownership with The Cyr Team.
Real estate licensing in Wisconsin is regulated by the state department and its examining board. Confirm the penalties and procedures that apply to violations of Act 69 and any rules issued before January 1, 2027. The federal Fair Housing Act applies to marketing arrangements independently of state law.
Wisconsin, Connecticut, and New York use an opt-out model. Washington uses a prohibition model with a health-or-safety exception. Wisconsin's marketing deadline runs from the start of the agency agreement; reporting on New York's bill describes a one-calendar-day window from the start of the written listing agreement. The state-by-state reference compares all four.
When does Wisconsin Act 69 take effect?
January 1, 2027. Governor Tony Evers signed 2025 Wisconsin Act 69, formerly Assembly Bill 456, on December 9, 2025. Wisconsin has been reported as the first state to enact a law of this kind. Confirm current requirements with counsel before the effective date.
What does the private-listing provision of Act 69 require?
For residential property of one to four dwelling units, a listing firm must, within one business day from the start of any agency agreement authorizing it to sell or lease the property, advertise or market the property on one or more internet platforms accessible to the general public and to licensees representing prospective buyers or tenants. The exception is where the owner completes and signs a disclosure and opt-out form prescribed by the state department. The trigger is the start of the agency agreement.
Can a Wisconsin seller still choose private marketing?
Yes, where the owner completes and signs the department-prescribed disclosure and opt-out form. The law does not ban private marketing. Department materials describe the form as including the owner's written request to withhold the property from identified public marketing, initialed acknowledgments, an explanation of what signing means, and guidance on how marketing restrictions may affect exposure and competition. A draft of the form was under review in May 2026; confirm the final version.
What other changes are in Act 69?
Act 69 covers more than the private-listing provision, including provisions on compensation between firms and listing contract content. This page does not summarize those. Brokers should review the full act and the state department's materials, and confirm how the changes apply to their practice.
How does Wisconsin's law differ from other states' laws?
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. Washington uses a prohibition model with a health-or-safety exception. Wisconsin's trigger runs from the start of the agency agreement; reporting on New York's bill describes a one-calendar-day window from the start of the written listing agreement. The state-by-state reference compares the four laws.
Where does the Listing Strategy Decision Record fit?
The department-prescribed form records that the owner asked to withhold the property from public marketing. 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. The Listing Strategy Decision Record (LSDR) is one tool built to produce one. It records the decision only, complements the required form and does not replace it, and is not legal advice.
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), including its January 2026 and May 2026 forms materials. Reporting from HousingWire and Inman. This page is a summary for informational purposes only and does not constitute legal advice. Confirm statutory text, forms, and penalties with the statute and with counsel.