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Lawmakers in a growing number of states are proposing bills that would require broad public marketing of real estate listings.

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A growing wave of proposed and recently passed laws takes aim at real estate marketing strategies that include periods when the property isn’t broadly shared via the multiple listing service and public-facing search portals like Zillow.

So far, at least one state has passed legislation requiring properties to be marketed to the general public within a day of getting a listing or lease agreement signed. Lawmakers in four other states have proposed similar bills, at least one of which is supported by Zillow and several others by state Realtor organizations.

The growing trend follows over a year of tense debate and wrangling by some of the biggest companies in real estate in a battle that will determine how real estate is marketed in the U.S.

Some of the bills are being proposed by Realtor organizations. But in the background of all is an ongoing battle between Zillow, the No. 1 search portal, and Compass, the No. 1 brokerage.

“Zillow was founded on the principle of transparency for consumers, so we support lawmakers’ efforts to ensure that everyone can see home listings and compete fairly for houses that would work for their family and budget,” Zillow said in a statement. “We also support efforts to make sure sellers know what they’re getting into if they agree to market their home to a limited group. Research shows that sellers, on average, lose money when listing on a private network.”

What’s not clear is whether the bills would apply to listings within Compass’s 3-Phased Marketing Strategy, which includes a period where listings aren’t broadly disseminated via the multiple listing service. Last week, Compass announced it had partnered with Rocket-Redfin to display listings that are in at least one stage of the 3-Phased Marketing Strategy.

“These bills are veiled attempts by Zillow to preserve its market dominance by restricting homeowner choice and limiting competition, to the detriment of sellers and agents alike,” a Compass spokesperson said.

Below is a running list of proposed and passed state-level legislation taking aim at private marketing of real estate listings. This post will be updated as legislators in more states file new bills.

Wisconsin: Act 69

Wisconsin led the way with a piece of legislation that became Act 69 in December. The law requires brokerages to respond to requests for information and property showings. It also requires

The bill would allow sellers to choose to opt out of broad public marketing if they sign a form opting out. That form would require the seller to state why they’re opting out. It would also require them to acknowledge that fewer potential buyers might see the listing, and that the reduced exposure might lead to a reduced sales price.

“Within one business day from the start date of any agency agreement authorizing the listing firm to sell or lease the owner’s property, advertise or market the owner’s property for sale or lease on one or more Internet platforms or websites accessible to the general public and any real estate licensees representing prospective buyers or tenants, unless the owner completes and signs a disclosure and opt-out form prescribed by the department.”

The Wisconsin Realtors Association supported the bill before it passed in November.

Zillow lobbied in favor of the bill that created Act 69, AB456, as well as a similar bill that originated in the Senate, according to state records.

The bill takes effect on Jan. 1, 2027, meaning other proposed legislation could take effect sooner.

Washington: SB 6091

The word private doesn’t appear within the bill, but the bill appears to be similar in that it requires broad public disclosure.

“A broker may not market the sale or lease of residential real estate to a limited or exclusive group of prospective buyers or brokers, or any combination thereof, unless the real estate is concurrently marketed to the general public and all other brokers, except as reasonably necessary to protect the health or safety of the owner or occupant.”

The bill passed the Senate unanimously last month and is awaiting a vote in the House.

Industry veteran Russ Cofano pointed out that the bill is missing a key definition.

“The WA legislative session ends March 12 and I believe the WA bill will pass before then,” Cofano wrote on LinkedIn. “An interesting question, at least for WA, is while the bill requires public marketing, it does not define that [sic] that actually means.”

Connecticut: SB 340

A Senate bill in Connecticut would create a new form that sellers or landlords would have to sign to avoid publicly marketing properties via the MLS or real estate portals.

The bill would create a form that must be signed by sellers and informs them that opting out of public marketing via “internet platforms” and MLSs might not reach as many prospective buyers, might limit the number of offers and result in a lower sale price, and may not be in the seller’s interest.

“Marketing a property through private or limited access channels shall require concurrent public advertising to promote transparency and ensure open and nondiscriminatory access to property information for all prospective buyers or tenants.”

The Connecticut Realtors and Zillow both spoke in favor of the bill.

Torrey Fishman, a Zillow lobbyist, wrote testimony in support of the bill on March 2.

“Unfortunately, there is a growing trend within parts of the real estate industry to systematically hide available inventory, only providing access to select groups of buyers or brokers within private listing networks,” Fishman wrote. “This bill ensures that residential listings are broadly and fairly visible, which is good for consumers, good for fair housing, and good for Connecticut.”

Hawaii: SB 2806

Hawaii’s bill has the support of the Hawaii Association of Realtors as well as the state’s real estate commission.

The bill would amend Hawaii’s laws regulating real estate brokers and agents to require broad public marketing.

“No real estate broker shall list or offer the sale or lease of any residential real estate to a limited or exclusive group of prospective buyers, real estate brokers, real estate salespersons, or any combination thereof, unless the real estate is concurrently offered to the general public and all other real estate brokers and real estate salespersons, except as reasonably necessary to protect the health or safety of the owner or occupant.”

Violations of the proposal would be considered an unfair or deceptive act under state law.

Derrick Yamane, chair of the Hawaii Real Estate Commission, said that the commission supports the bill. The Hawaii Association of Realtors also spoke in favor of the bill.

The bill passed its first committee vote unanimously last month. It’s scheduled for a broader committee discussion on March 3.

Illinois: HB 4964

The bill requires sellers’ agents to share information about a property with buyers’ agents, respond to inquiries by buyers’ agents and make the property available for showings to prospective buyers.

It also includes a component that appears to codify the original intent of Clear Cooperation into state law.

“Within one calendar day of the start date of any brokerage agreement authorizing the licensee to sell the client’s property, publicly advertise or market the listed property for sale on an Internet platform or website accessible to the public and any real estate licensees prospective buyers unless the seller completes and signs a disclosure and opt-out form prescribed by the Department.”

Sellers who opt out of public marketing would be required to sign a form that acknowledges that their property may not be seen by as many buyers.

The form would also state that “the reduction in exposure of the listed property may reduce the number of offers to purchase the listed property and negatively impact the seller’s ability to sell the listed property at terms favorable to the seller.”

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