Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB394

Introduced
8/25/23  
Refer
8/25/23  

Caption

Advertising real property as for sale by owner.

Impact

If enacted, SB394 would specifically affect the relevant provisions of state statutes concerning real estate advertising. By allowing brokers to advertise properties without a listing agreement, the bill may streamline the home selling process for owners and provide more options for potential buyers. However, it also raises questions about how this change might alter the dynamics between property owners and real estate brokers, as well as its impact on the traditional brokerage model. This alteration could lead to increased competition and potentially lower costs for consumers.

Summary

Senate Bill 394 focuses on changing the regulations surrounding how real estate brokers can advertise properties that are for sale by owners. Under existing law, brokers are required to either become the listing firm for a property or obtain explicit consent from the listing firm to advertise a property. This bill modifies that requirement by allowing brokers to advertise properties that owners wish to sell directly, without needing a formal listing agreement, provided that certain conditions are met. The aim is to facilitate the process for property owners who may want to sell their homes directly, thereby increasing the visibility of these sales.

Conclusion

Overall, SB394 seeks to modernize real estate advertising practices in Wisconsin, creating opportunities for property owners to market their homes directly through brokers. The long-term effects of this bill will be observed in market behavior, consumer experiences, and whether it succeeds in promoting larger real estate transactions while maintaining fair practices in the industry.

Contention

Some points of contention may arise regarding the implications of allowing brokers to advertise properties without formal agreements. Critics may argue that this change could undermine the role of listing firms and the agreements that establish clear representation and responsibilities in property sales. There might be concerns voiced by members of the real estate community regarding the potential confusion for consumers related to the representation of properties. The requirement for advertisements to disclose that a property is being sold by its owner and is not under a listing agreement might not fully mitigate these concerns, especially if consumers do not fully grasp these distinctions.

Companion Bills

No companion bills found.

Previously Filed As

WI SB45

Clarifying the placement of advertising signs on state-owned property.

WI HB554

Clarifying the placement of advertising signs on state-owned property.

WI AB137

Revises requirements for the advertising of a sale of personal property to satisfy the lien of an owner of a facility for storage. (BDR 9-183)

WI SB315

Property Owners' Associations; property owners' associations to provide disclosures and certain documents before a lot sale closes; require

WI S382

Prohibits ownership of real property in State by adverse foreign governments and certain associated persons.

WI A4385

Prohibits ownership of real property in State by adverse foreign governments and certain associated persons.

WI SB478

Changes regarding the laws governing real estate practice. (FE)

WI HB1456

Consumer Protection - Residential Property Advertisement - Ownership Verification

WI SB402

Residential property owners; insurance policies, roofing services by contractors.

WI AB456

Changes regarding the laws governing real estate practice. (FE)

Similar Bills

NH HB423

Requiring the consent of property owners for the placement of political advertisements on public property abutting their land.

NH SB45

Clarifying the placement of advertising signs on state-owned property.

NH HB1082

enabling municipalities to remove political signs from state-owned property located within the municipality after an election.

NH HB554

Clarifying the placement of advertising signs on state-owned property.

NH HB336

Relative to the placement of political advertisements on public right-of-ways.

MI HB6002

House Bill 6002 of 2026

KY SB141

AN ACT relating to legal advertisements.

TX HB1093

Relating to requirements for notice advertising the sale of property to enforce a self-service storage facility lien.