Illinois 2025-2026 Regular Session

Illinois House Bill HB3186 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3186 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED: 225 ILCS 454/10-30 Amends the Real Estate License Act of 2000. Requires advertising under the Act to contain information about the nature and cost of homeowner's association fees if residential real estate is being advertised. Requires that this disclosure must be in any Multiple Listing Service (MLS) used in the advertising. LRB104 10956 JRC 21038 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3186 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED: 225 ILCS 454/10-30 225 ILCS 454/10-30 Amends the Real Estate License Act of 2000. Requires advertising under the Act to contain information about the nature and cost of homeowner's association fees if residential real estate is being advertised. Requires that this disclosure must be in any Multiple Listing Service (MLS) used in the advertising. LRB104 10956 JRC 21038 b LRB104 10956 JRC 21038 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3186 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 454/10-30 225 ILCS 454/10-30
4	4	225 ILCS 454/10-30
5	5	Amends the Real Estate License Act of 2000. Requires advertising under the Act to contain information about the nature and cost of homeowner's association fees if residential real estate is being advertised. Requires that this disclosure must be in any Multiple Listing Service (MLS) used in the advertising.
6	6	LRB104 10956 JRC 21038 b LRB104 10956 JRC 21038 b
7	7	LRB104 10956 JRC 21038 b
8	8	A BILL FOR
9	9	HB3186LRB104 10956 JRC 21038 b HB3186 LRB104 10956 JRC 21038 b
10	10	HB3186 LRB104 10956 JRC 21038 b
11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Real Estate License Act of 2000 is amended
15	15	5 by changing Section 10-30 as follows:
16	16	6 (225 ILCS 454/10-30)
17	17	7 (Section scheduled to be repealed on January 1, 2030)
18	18	8 Sec. 10-30. Advertising.
19	19	9 (a) No advertising, whether in print, via the Internet, or
20	20	10 through social media, digital forums, or any other media,
21	21	11 shall be fraudulent, deceptive, inherently misleading, or
22	22	12 proven to be misleading in practice. Advertising shall be
23	23	13 considered misleading or untruthful if, when taken as a whole,
24	24	14 there is a distinct and reasonable possibility that it will be
25	25	15 misunderstood or will deceive the ordinary consumer.
26	26	16 Advertising shall contain all information necessary to
27	27	17 communicate the information contained therein to the public in
28	28	18 an accurate, direct, and readily comprehensible manner. If
29	29	19 residential real estate is being advertised that belongs to a
30	30	20 homeowner's association, it must contain information about the
31	31	21 nature and cost of homeowner's association fees. This
32	32	22 disclosure must be in any Multiple Listing Service (MLS) used
33	33	23 in the advertising. Team names may not contain inherently
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3186 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED:
38	38	225 ILCS 454/10-30 225 ILCS 454/10-30
39	39	225 ILCS 454/10-30
40	40	Amends the Real Estate License Act of 2000. Requires advertising under the Act to contain information about the nature and cost of homeowner's association fees if residential real estate is being advertised. Requires that this disclosure must be in any Multiple Listing Service (MLS) used in the advertising.
41	41	LRB104 10956 JRC 21038 b LRB104 10956 JRC 21038 b
42	42	LRB104 10956 JRC 21038 b
43	43	A BILL FOR
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49	49	225 ILCS 454/10-30
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68	68	1 misleading terms, such as "company", "realty", "real estate",
69	69	2 "agency", "associates", "brokers", "properties", or
70	70	3 "property".
71	71	4 (b) No blind advertisements may be used by any licensee,
72	72	5 in any media, except as provided for in this Section.
73	73	6 (c) A licensee shall disclose, in writing, to all parties
74	74	7 in a transaction the licensee's status as a licensee and any
75	75	8 and all interest the licensee has or may have in the real
76	76	9 estate constituting the subject matter thereof, directly or
77	77	10 indirectly, according to the following guidelines:
78	78	11 (1) On broker yard signs or in broker advertisements,
79	79	12 no disclosure of ownership is necessary. However, the
80	80	13 ownership shall be indicated on any property data form
81	81	14 accessible to the consumer and disclosed to persons
82	82	15 responding to any advertisement or any sign. The term
83	83	16 "broker owned" or "agent owned" is sufficient disclosure.
84	84	17 (2) A sponsored or inactive licensee selling or
85	85	18 leasing property, owned solely by the sponsored or
86	86	19 inactive licensee, without utilizing brokerage services of
87	87	20 their sponsoring broker or any other licensee, may
88	88	21 advertise "By Owner". For purposes of this Section,
89	89	22 property is "solely owned" by a sponsored or inactive
90	90	23 licensee if the licensee (i) has a 100% ownership interest
91	91	24 alone, (ii) has ownership as a joint tenant or tenant by
92	92	25 the entirety, or (iii) holds a 100% beneficial interest in
93	93	26 a land trust. Sponsored or inactive licensees selling or
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104	104	1 leasing "By Owner" shall comply with the following if
105	105	2 advertising by owner:
106	106	3 (A) On "By Owner" yard signs, the sponsored or
107	107	4 inactive licensee shall indicate "broker owned" or
108	108	5 "agent owned." "By Owner" advertisements used in any
109	109	6 medium of advertising shall include the term "broker
110	110	7 owned" or "agent owned."
111	111	8 (B) If a sponsored or inactive licensee runs
112	112	9 advertisements, for the purpose of purchasing or
113	113	10 leasing real estate, the licensee shall disclose in
114	114	11 the advertisements the licensee's status as a
115	115	12 licensee.
116	116	13 (C) A sponsored or inactive licensee shall not use
117	117	14 the sponsoring broker's name or the sponsoring
118	118	15 broker's company name in connection with the sale,
119	119	16 lease, or advertisement of the property nor utilize
120	120	17 the sponsoring broker's or company's name in
121	121	18 connection with the sale, lease, or advertising of the
122	122	19 property in a manner likely to create confusion among
123	123	20 the public as to whether or not the services of a real
124	124	21 estate company are being utilized or whether or not a
125	125	22 real estate company has an ownership interest in the
126	126	23 property.
127	127	24 (d) A sponsored licensee may not advertise under the
128	128	25 licensee's own name. Advertising in any media shall be under
129	129	26 the direct supervision of the sponsoring or designated
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140	140	1 managing broker and in the sponsoring broker's business name,
141	141	2 which in the case of a franchise shall include the franchise
142	142	3 affiliation as well as the name of the individual firm. This
143	143	4 provision does not apply under the following circumstances:
144	144	5 (1) When a licensee enters into a brokerage agreement
145	145	6 relating to real estate owned by the licensee, or real
146	146	7 estate in which the licensee has an ownership interest,
147	147	8 with another licensed broker; or
148	148	9 (2) When a licensee is selling or leasing real estate
149	149	10 owned by the licensee or buying or leasing real estate for
150	150	11 their own use, after providing the appropriate written
151	151	12 disclosure of ownership interest as required in paragraph
152	152	13 (2) of subsection (c) of this Section.
153	153	14 (e) No licensee shall list the licensee's name or
154	154	15 otherwise advertise in the licensee's own name to the general
155	155	16 public through any medium of advertising as being in the real
156	156	17 estate business without listing the sponsoring broker's
157	157	18 business name.
158	158	19 (f) The sponsoring broker's business name and the name of
159	159	20 the licensee must appear in all advertisements, including
160	160	21 business cards. In advertising that includes the sponsoring
161	161	22 broker's name and a team name or individual broker's name, the
162	162	23 sponsoring broker's business name shall be at least equal in
163	163	24 size or larger than the team name or that of the individual.
164	164	25 (g) Those individuals licensed as a managing broker and
165	165	26 designated with the Department as a designated managing broker
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