Connecticut has become the latest state to crack down on “private” or “off-market” real estate listing networks. Governor Ned Lamont recently signed Senate Bill 340 into law, requiring residential listings to be made publicly available whenever they are publicly marketed.
Under the new law, if an agent promotes a property through social media, email campaigns, lawn signs, digital advertising, or even certain brokerage networks, the listing must also be available to the general public at the same time. Public access can be provided through an MLS, consumer-facing real estate portal, or another unrestricted online listing platform.
Platforms that require invitations, passwords, or membership access do not satisfy the law’s public-access requirement.
Homeowners who prefer not to broadly market their property may opt out by signing a state-approved disclosure form acknowledging that limiting exposure could reduce the pool of potential buyers and potentially impact the final sales price. This will help prevent agents and brokerages from steering their clients into Private Listing Networks without understanding the trade-offs.
Just over the border in New York, Senate Bill S10274 was passed by the State Legislature. This measure requires listings to be publicly marketed on platforms that are accessible to the general public at the same time they are made available on any private or limited access channels. The bill advanced to the Senate on June 1 and was approved. It now heads to the Governor for signature.
Other states that have passed or pending legislation targeting the growing use of private listings include Washington, Wisconsin, Illinois, and Hawaii.
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