S T A T E O F N E W Y O R K
________________________________________________________________________
10679
I N A S S E M B L Y
March 20, 2026
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the real property law, in relation to access to fair and
transparent real estate listings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "Fair and Transparent Real Estate Listings Act."
§ 2. Legislative findings and intent. The legislature finds that open
and transparent access to residential real estate listings is essential
to fair housing opportunity, market competition, and accurate price
discovery. The legislature further finds that practices that keep for-
sale homes off broadly accessible public platforms, including use of
private listing networks or similar restricted-access systems, can limit
the ability of buyers and their agents to identify and compete for
available homes, reduce the pool of potential offers to sellers and risk
lower sale proceeds, and exacerbate segregation and inequities by making
some homes effectively invisible to certain buyers.
It is therefore the intent of the legislature to require timely public
advertising or marketing of listed residential properties on platforms
accessible to the general public and to real estate licensees represent-
ing prospective buyers, and permit non-public marketing only where the
seller gives informed, written direction after receiving a standardized
state disclosure that clearly explains the risks and tradeoffs of with-
holding a listing from public marketing.
§ 3. Subdivision 3 of section 443 of the real property law is amended
by adding a new paragraph g to read as follows:
G. (I) FOR PURPOSES OF THIS PARAGRAPH:
(A) "RESIDENTIAL REAL PROPERTY" HAS THE SAME MEANING AS IN SUBDIVISION
ONE OF THIS SECTION AND INCLUDES ONE- TO FOUR-FAMILY DWELLINGS, CONDO-
MINIUM UNITS, AND COOPERATIVE APARTMENTS, WHETHER OWNER-OCCUPIED OR
NON-OWNER-OCCUPIED;
(B) "PUBLICLY ADVERTISE OR MARKET" MEANS TO ADVERTISE, LIST, OR OTHER-
WISE MAKE INFORMATION ABOUT A PROPERTY AVAILABLE FOR SALE ON AT LEAST
ONE PUBLICATION, PLATFORM, OR WEBSITE THAT IS BROADLY ACCESSIBLE TO THE
GENERAL PUBLIC AND TO ANY DULY LICENSED REAL ESTATE BROKER OR REAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15186-01-6
A. 10679 2
ESTATE SALESPERSON REPRESENTING PROSPECTIVE BUYERS, WITHOUT LIMITATION
TO A PARTICULAR BROKERAGE, FRANCHISE, OR SELECT GROUP OF LICENSEES; AND
(C) "PRIVATE LISTING NETWORK" MEANS ANY SYSTEM, SERVICE, PLATFORM, OR
ARRANGEMENT, WHETHER ELECTRONIC OR OTHERWISE, OPERATED BY OR ON BEHALF
OF A BROKERAGE, FRANCHISE, MULTIPLE LISTING SERVICE, OR GROUP OF LICEN-
SEES, THAT:
(1) RESTRICTS ACCESS TO SOME OR ALL LISTING INFORMATION TO A DEFINED
SUBSET OF BROKERS, LICENSEES, OR BUYERS; AND
(2) IS NOT BROADLY ACCESSIBLE TO THE GENERAL PUBLIC AND TO ALL DULY
LICENSED REAL ESTATE BROKERS AND REAL ESTATE SALESPERSONS REPRESENTING
PROSPECTIVE BUYERS.
(II) A SELLER'S AGENT REPRESENTING A SELLER OF RESIDENTIAL REAL PROP-
ERTY SHALL, WITHIN ONE CALENDAR DAY OF THE BEGINNING DATE OF THE TERM OF
ANY WRITTEN LISTING AGREEMENT TO ACT AS AN AGENT OF THE SELLER TO SELL
THE CLIENT'S PROPERTY, PUBLICLY ADVERTISE OR MARKET THE LISTED PROPERTY
FOR SALE IN OR ON A PUBLICATION, PLATFORM, OR WEBSITE THAT IS BROADLY
ACCESSIBLE TO THE GENERAL PUBLIC AND ANY REAL ESTATE LICENSEES REPRES-
ENTING PROSPECTIVE BUYERS, AND SHALL NOT SATISFY THIS REQUIREMENT BY
ADVERTISING OR MARKETING SOLELY THROUGH A PRIVATE LISTING NETWORK OR
OTHER RESTRICTED-ACCESS PLATFORM, UNLESS:
(A) THE SELLER CLIENT IS PROVIDED, COMPLETES, AND SIGNS THE DISCLOSURE
AND OPT-OUT FORM SET FORTH IN PARAGRAPH C OF SUBDIVISION FOUR OF THIS
SECTION, EXPRESSLY DIRECTING THE SELLER'S AGENT NOT TO PUBLICLY ADVER-
TISE OR MARKET THE LISTED PROPERTY; OR
(B) THE SELLER HAS A BONA FIDE PRIVACY, SAFETY, OR SIMILAR NEED SUCH
THAT ANY PUBLIC MARKETING WOULD BE REASONABLY LIKELY TO ENDANGER THE
HEALTH OR SAFETY OF THE SELLER OR AN OCCUPANT, AND THE SELLER AND SELL-
ER'S AGENT AGREE IN WRITING THAT:
(1) THE PROPERTY WILL NOT BE PUBLICLY ADVERTISED OR MARKETED IN ANY
MANNER, INCLUDING ON CONSUMER-FACING WEBSITES, SOCIAL MEDIA, MASS EMAIL
LISTS, OR PRIVATE LISTING NETWORKS; AND
(2) ANY SHARING OF THE LISTING WILL BE LIMITED TO INDIVIDUAL, IDENTI-
FIED PROSPECTIVE BUYERS OR THEIR AGENTS ON A CASE-BY-CASE BASIS CONSIST-
ENT WITH APPLICABLE FAIR HOUSING AND ANTI-DISCRIMINATION LAWS.
(III) A SELLER'S AGENT RELYING ON CLAUSE (A) OF SUBPARAGRAPH (II) OF
THIS PARAGRAPH SHALL:
(A) PROVIDE THE SELLER WITH THE DISCLOSURE AND OPT-OUT FORM SET FORTH
IN PARAGRAPH C OF SUBDIVISION FOUR OF THIS SECTION PRIOR TO OR AT THE
TIME OF ENTERING INTO THE LISTING AGREEMENT;
(B) OBTAIN A SIGNED ACKNOWLEDGMENT FROM THE SELLER ON SUCH FORM; AND
(C) MAINTAIN A COPY OF THE SIGNED FORM FOR NOT LESS THAN THREE YEARS,
AND MAKE SUCH COPY AVAILABLE TO THE DEPARTMENT OF STATE UPON REQUEST.
(IV) A SELLER'S AGENT RELYING ON SUBPARAGRAPH CLAUSE (B) OF SUBPARA-
GRAPH (II) OF THIS PARAGRAPH SHALL:
(A) DOCUMENT IN WRITING THE SPECIFIC PRIVACY OR SAFETY CONCERNS THAT
JUSTIFY NON-PUBLIC MARKETING;
(B) OBTAIN THE SELLER'S SIGNED ACKNOWLEDGMENT OF SUCH CONCERNS AND OF
THE POTENTIAL ADVERSE CONSEQUENCES OF NOT PUBLICLY MARKETING THE PROPER-
TY, INCLUDING THE POSSIBILITY OF FEWER OFFERS AND A LOWER SALE PRICE;
AND
(C) MAINTAIN SUCH DOCUMENTATION FOR NOT LESS THAN THREE YEARS AND MAKE
SUCH DOCUMENTATION AVAILABLE TO THE DEPARTMENT OF STATE UPON REQUEST.
(V) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO REQUIRE A SELLER
TO HOLD OPEN HOUSES OR TO PERMIT SHOWINGS TO ANY PERSON IN VIOLATION OF
THE SELLER'S RIGHTS UNDER STATE AND FEDERAL LAW, INCLUDING LAWS RELATING
TO HEALTH, SAFETY, AND SECURITY.
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§ 4. Subdivision 4 of section 443 of the real property law is amended
by adding a new paragraph c to read as follows:
C. (I) FOR BUYER-SELLER TRANSACTIONS, WHERE A SELLER OF RESIDENTIAL
REAL PROPERTY DIRECTS A SELLER'S AGENT NOT TO PUBLICLY ADVERTISE OR
MARKET THE LISTED PROPERTY AS REQUIRED BY PARAGRAPH G OF SUBDIVISION
THREE OF THIS SECTION, THE SELLER'S AGENT SHALL PROVIDE THE FOLLOWING
DISCLOSURE AND OPT-OUT FORM TO THE SELLER AND SHALL OBTAIN THE SELLER'S
SIGNATURE ON SUCH FORM:
NEW YORK STATE DISCLOSURE FORM FOR SELLER OPT-OUT OF
PUBLIC MARKETING
THIS IS NOT A CONTRACT
NEW YORK STATE LAW REQUIRES REAL ESTATE LICENSEES ACTING AS AGENTS OF
SELLERS OF PROPERTY TO ADVISE THE SELLERS WITH WHOM THEY WORK OF THE
NATURE OF AVAILABILITY AND VISIBILITY OF REAL ESTATE PROPERTY LISTINGS
MADE AVAILABLE FOR SALE. THIS DISCLOSURE WILL HELP YOU TO MAKE INFORMED
CHOICES ABOUT HOW THE PROPERTY LISTING WILL BE ADVERTISED OR MARKETED TO
THE GENERAL PUBLIC AND TO REAL ESTATE LICENSEES REPRESENTING POTENTIAL
BUYERS. YOU WILL NOT BE BOUND TO PAY THE AGENT OR THE AGENT'S BROKERAGE
BY MERELY SIGNING THIS FORM.
BY SIGNING THIS FORM, YOU ARE EXPRESSLY REQUESTING THAT THE SELLER'S
AGENT NOT PUBLICLY ADVERTISE OR MARKET YOUR PROPERTY FOR SALE AS
REQUIRED BY LAW, AND INSTEAD TO MARKET THE PROPERTY ONLY ON A RESTRICTED
BASIS AS DESCRIBED BELOW. BEFORE MAKING THIS CHOICE, YOU SHOULD CAREFUL-
LY REVIEW AND INITIAL EACH OF THE STATEMENTS THAT FOLLOWS TO CONFIRM
THAT YOU UNDERSTAND THE POTENTIAL RISKS AND DRAWBACKS OF WITHHOLDING
YOUR PROPERTY FROM PUBLIC MARKETING:
1. REDUCED VISIBILITY TO BUYERS.
I UNDERSTAND THAT REAL ESTATE LICENSEES REPRESENTING PROSPECTIVE BUYERS
MAY NOT BE AWARE THAT MY PROPERTY IS AVAILABLE FOR SALE, AND THAT POTEN-
TIAL BUYERS WHO ARE NOT CONNECTED TO MY LISTING AGENT OR THEIR BROKERAGE
MAY NEVER SEE MY LISTING.
SELLER TO INITIAL: ________
2. LIMITED ONLINE EXPOSURE.
I UNDERSTAND THAT MY PROPERTY MAY NOT BE DISPLAYED ON INTERNET PLATFORMS
OR WEBSITES THE GENERAL PUBLIC USES TO SEARCH FOR PROPERTY LISTINGS.
SELLER TO INITIAL: ________
3. FEWER OFFERS AND POSSIBLE IMPACT ON PRICE AND TIMING.
I UNDERSTAND THAT REDUCING THE EXPOSURE OF MY PROPERTY MAY REDUCE THE
NUMBER OF OFFERS I RECEIVE FROM BUYERS AND COULD NEGATIVELY IMPACT MY
ABILITY TO SELL THE PROPERTY SOONER AND AT A HIGHER PRICE.
SELLER TO INITIAL: ________
4. RESTRICTED MARKETING CHANNELS.
I DIRECT THAT THIS PROPERTY BE MARKETED ONLY THROUGH THE EFFORTS OF THE
SELLER'S AGENT, WHICH MAY INCLUDE LIMITED OR RESTRICTED MARKETING CHAN-
NELS AND MAY INCLUDE, IF I SO AGREE, MARKETING THROUGH A PRIVATE LISTING
NETWORK OR SIMILAR RESTRICTED-ACCESS SYSTEM THAT IS NOT BROADLY ACCESSI-
A. 10679 4
BLE TO THE GENERAL PUBLIC OR TO ALL REAL ESTATE LICENSEES REPRESENTING
PROSPECTIVE BUYERS.
SELLER TO INITIAL: ________
5. RIGHT TO CHANGE MY MIND.
I UNDERSTAND THAT I MAY AT ANY TIME PROVIDE WRITTEN NOTICE TO MY SELL-
ER'S AGENT DIRECTING THAT THE PROPERTY BE PUBLICLY ADVERTISED OR MARKET-
ED, AND THAT UPON PROVIDING SUCH NOTICE, MY SELLER'S AGENT MUST PROMPTLY
BEGIN TO PUBLICLY ADVERTISE OR MARKET MY PROPERTY IN ACCORDANCE WITH NEW
YORK LAW.
SELLER TO INITIAL: ________
THIS FORM WAS PROVIDED TO ME BY ____________________ (PRINT NAME OF
LICENSEE) OF ____________________________ (PRINT NAME OF COMPANY, FIRM
OR BROKERAGE), A LICENSED REAL ESTATE BROKER ACTING IN THE INTEREST OF
THE SELLER AS A:
( ) SELLER'S AGENT
( ) BROKER'S AGENT
( ) DUAL AGENT
SELLER PROPERTY ADDRESS FOR REAL ESTATE TO BE LISTED FOR SALE:
________________________________________
SELLER(S) SIGNATURE: ___________________________ DATE: __________
SELLER(S) SIGNATURE: ___________________________ DATE: __________
SELLER(S) PRINTED NAME: ________________________
SELLER(S) PRINTED NAME: ________________________
(II) THE DEPARTMENT OF STATE IS AUTHORIZED AND DIRECTED TO:
(A) ISSUE SUCH RULES AND REGULATIONS AS ARE NECESSARY TO IMPLEMENT THE
REQUIREMENTS OF PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION AND
THIS SUBDIVISION, INCLUDING GUIDANCE ON DOCUMENTATION OF PRIVACY AND
SAFETY EXCEPTIONS; AND
(B) MAKE THE STANDARDIZED DISCLOSURE AND OPT-OUT FORM PUBLICLY AVAIL-
ABLE ON THE DEPARTMENT'S WEBSITE.
(III) A SELLER'S AGENT SHALL NOT ALTER OR OMIT ANY REQUIRED DISCLOSURE
LANGUAGE IN THE STANDARDIZED FORM, AND ANY ADDITIONAL LANGUAGE ADDED BY
A SELLER'S AGENT SHALL NOT BE MISLEADING OR INCONSISTENT WITH THE
PURPOSE OF THIS SUBDIVISION.
§ 5. Section 443 of the real property law is amended by adding a new
subdivision 7 to read as follows:
7. A VIOLATION OF PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION OR
OF PARAGRAPH C OF SUBDIVISION FOUR OF THIS SECTION SHALL CONSTITUTE
GROUNDS FOR THE IMPOSITION OF DISCIPLINARY ACTION BY THE DEPARTMENT OF
STATE UNDER SECTION FOUR HUNDRED FORTY-ONE-C OF THIS ARTICLE, INCLUDING
SUSPENSION OR REVOCATION OF A REAL ESTATE BROKER'S OR SALESPERSON'S
LICENSE AND THE IMPOSITION OF CIVIL PENALTIES. EACH LISTING MARKETED IN
VIOLATION OF THIS SECTION MAY BE TREATED AS A SEPARATE VIOLATION. THE
REMEDIES PROVIDED BY THIS SUBDIVISION ARE IN ADDITION TO, AND SHALL NOT
BE CONSTRUED TO LIMIT, ANY OTHER RIGHTS OR REMEDIES AVAILABLE UNDER
STATE OR FEDERAL LAW, INCLUDING FAIR HOUSING AND ANTI-DISCRIMINATION
STATUTES.
§ 6. This act shall take effect on the first day of January next
succeeding the date on which it shall have become a law. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.