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HB 3452

Relating to ballot titles.

2025 Regular Session Introduced by Court Boice and 7 co-sponsors

Requires listing brokers to publicly market property within 1 day of starting a listing, unless seller/landlord signs a DFPR opt-out; curbs pocket listings and boosts exposure.

In committee upon adjournment.
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Bill Summary · HB 3452

Summary — HB 3452 (Illinois, 104th General Assembly)

Status: In committee upon adjournment (as of 2025-06-28)
Introduced: February 2025 by Rep. Lilian Jiménez
Statute amended: Real Estate License Act of 2000 — Section 15-15 (225 ILCS 454/15-15)
Section scheduled for repeal: January 1, 2030

Purpose / Intent

HB 3452 adds a new marketing requirement (with a limited opt‑out) for real estate licensees who represent sellers or landlords. The bill seeks to reduce off‑market or private “pocket” listings by requiring public advertising or marketing of listed residential or commercial properties shortly after a brokerage agreement begins, while allowing sellers/landlords to decline public marketing via a prescribed written opt‑out.

Key provisions

  • New affirmative obligation for a licensee representing a seller or landlord:
    • Within one calendar day of the start date of any brokerage agreement authorizing the licensee to sell or lease the property, the licensee must publicly advertise or market the listed property on a platform or website accessible to the general public and to other real estate licensees.
  • Opt‑out mechanism:
    • The seller or landlord may avoid public marketing only by completing and signing a disclosure and opt‑out form prescribed by the Department of Financial and Professional Regulation (DFPR).
    • The form must include:
    • An express written request to withhold the property from all public marketing/advertising and the specific reasons for the request.
    • Acknowledgments that: (i) buyers/tenants may not know the property is available; (ii) the property will not be displayed on internet platforms used by the general public; (iii) buyers/tenants may not know the seller’s/landlord’s terms; and (iv) reduced exposure may lower the number of prospective buyers/tenants and negatively affect the seller’s/landlord’s ability to obtain favorable terms.
  • Reinforces existing duties of licensees representing clients, including:
    • Performing brokerage agreement terms; promoting client’s best interests; timely presenting offers; disclosing material facts known to the licensee; timely accounting for client funds; exercising reasonable skill and care; keeping client confidences; complying with applicable laws (including fair housing).
  • Additional seller/landlord agent duties reiterated:
    • Share information with other licensees, respond to inquiries from buyer/tenant agents, and make property available for showings (subject to opt‑out).

Who is affected

  • Sellers and landlords: default expectation that listings will be publicly marketed unless they sign the required opt‑out form; must weigh privacy vs. exposure/price tradeoffs.
  • Listing brokers and licensees: required to publicly market listings within one calendar day unless opt‑out is obtained and must use DFPR form; compliance and recordkeeping obligations increase.
  • Buyers, tenants and buyer/tenant agents: greater access to listed inventory via public platforms; fewer off‑market listings unless properly opted out.
  • Department of Financial and Professional Regulation: must prescribe the opt‑out/disclosure form.

Potential impacts and considerations

  • Likely to reduce frequency of private/pocket listings and increase inventory visibility on public platforms/MLS.
  • Could affect negotiation dynamics, time on market, and sale/lease pricing by increasing buyer/tenant competition.
  • Raises compliance questions (timing, what qualifies as “publicly advertise or market,” recordkeeping, enforcement, and how DFPR will design the opt‑out form).
  • The provision sits within a section scheduled for repeal on Jan 1, 2030.

Procedural timeline (selected)

  • First reading: 2025-02-18 / 2025-02-04 (various entries)
  • Filed with Clerk: 2025-02-07
  • Referred to Rules / Committees: Feb–Mar 2025
  • Assigned to Executive Committee / Rules / Higher Education
  • Read first time and re‑referred multiple times
  • Status as of 2025-06-28: In committee upon adjournment

(Prepared objectively from the introduced version LRB10409695AAS19761b of HB 3452.)

Compiled from official sources — confirm details with the bill’s official record.

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