104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3452 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED: 225 ILCS 454/15-15 Amends the Real Estate License Act of 2000. In provisions concerning duties of licensees representing clients, adds a requirement that a licensee representing a seller or landlord shall perform certain actions. Provides that within one calendar day of the start date of any brokerage agreements authorizing the licensee to sell or lease the client's property, the licensee shall publicly advertise or market the listed property for sale or lease on a platform or website accessible to the general public and any real estate licensees representing prospective buyers or tenants unless the seller or landlord is completes and signs a disclosure and opt-out form prescribed by the Department of Financial and Professional Regulation that includes an express request to withhold the property from advertising and marketing and certain acknowledgments. LRB104 09695 AAS 19761 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3452 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED: 225 ILCS 454/15-15 225 ILCS 454/15-15 Amends the Real Estate License Act of 2000. In provisions concerning duties of licensees representing clients, adds a requirement that a licensee representing a seller or landlord shall perform certain actions. Provides that within one calendar day of the start date of any brokerage agreements authorizing the licensee to sell or lease the client's property, the licensee shall publicly advertise or market the listed property for sale or lease on a platform or website accessible to the general public and any real estate licensees representing prospective buyers or tenants unless the seller or landlord is completes and signs a disclosure and opt-out form prescribed by the Department of Financial and Professional Regulation that includes an express request to withhold the property from advertising and marketing and certain acknowledgments. LRB104 09695 AAS 19761 b LRB104 09695 AAS 19761 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3452 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED: 225 ILCS 454/15-15 225 ILCS 454/15-15 225 ILCS 454/15-15 Amends the Real Estate License Act of 2000. In provisions concerning duties of licensees representing clients, adds a requirement that a licensee representing a seller or landlord shall perform certain actions. Provides that within one calendar day of the start date of any brokerage agreements authorizing the licensee to sell or lease the client's property, the licensee shall publicly advertise or market the listed property for sale or lease on a platform or website accessible to the general public and any real estate licensees representing prospective buyers or tenants unless the seller or landlord is completes and signs a disclosure and opt-out form prescribed by the Department of Financial and Professional Regulation that includes an express request to withhold the property from advertising and marketing and certain acknowledgments. LRB104 09695 AAS 19761 b LRB104 09695 AAS 19761 b LRB104 09695 AAS 19761 b A BILL FOR HB3452LRB104 09695 AAS 19761 b HB3452 LRB104 09695 AAS 19761 b HB3452 LRB104 09695 AAS 19761 b 1 AN ACT concerning regulation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Real Estate License Act of 2000 is amended 5 by changing Section 15-15 as follows: 6 (225 ILCS 454/15-15) 7 (Section scheduled to be repealed on January 1, 2030) 8 Sec. 15-15. Duties of licensees representing clients. 9 (a) A licensee representing a client shall: 10 (1) Perform the terms of the brokerage agreement 11 between a broker and the client. 12 (2) Promote the best interest of the client by: 13 (A) Seeking a transaction at the price and terms 14 stated in the brokerage agreement or at a price and 15 terms otherwise acceptable to the client. 16 (B) Timely presenting all offers to and from the 17 client, unless the client has waived this duty. 18 (C) Disclosing to the client material facts 19 concerning the transaction of which the licensee has 20 actual knowledge, unless that information is 21 confidential information. Material facts do not 22 include the following when located on or related to 23 real estate that is not the subject of the 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3452 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED: 225 ILCS 454/15-15 225 ILCS 454/15-15 225 ILCS 454/15-15 Amends the Real Estate License Act of 2000. In provisions concerning duties of licensees representing clients, adds a requirement that a licensee representing a seller or landlord shall perform certain actions. Provides that within one calendar day of the start date of any brokerage agreements authorizing the licensee to sell or lease the client's property, the licensee shall publicly advertise or market the listed property for sale or lease on a platform or website accessible to the general public and any real estate licensees representing prospective buyers or tenants unless the seller or landlord is completes and signs a disclosure and opt-out form prescribed by the Department of Financial and Professional Regulation that includes an express request to withhold the property from advertising and marketing and certain acknowledgments. LRB104 09695 AAS 19761 b LRB104 09695 AAS 19761 b LRB104 09695 AAS 19761 b A BILL FOR 225 ILCS 454/15-15 LRB104 09695 AAS 19761 b HB3452 LRB104 09695 AAS 19761 b HB3452- 2 -LRB104 09695 AAS 19761 b HB3452 - 2 - LRB104 09695 AAS 19761 b HB3452 - 2 - LRB104 09695 AAS 19761 b 1 transaction: (i) physical conditions that do not have 2 a substantial adverse effect on the value of the real 3 estate, (ii) fact situations, or (iii) occurrences and 4 acts at the property. 5 (D) Timely accounting for all money and property 6 received in which the client has, may have, or should 7 have had an interest. 8 (E) Obeying specific directions of the client that 9 are not otherwise contrary to applicable statutes, 10 ordinances, or rules. 11 (F) Acting in a manner consistent with promoting 12 the client's best interests as opposed to a licensee's 13 or any other person's self-interest. 14 (G) A licensee representing a seller or landlord 15 shall: 16 (i) Share information on the property with any 17 licensees representing prospective buyers or 18 tenants. 19 (ii) Respond to inquiries from any licensees 20 representing prospective buyers or tenants. 21 (iii) Make the property available for showing 22 to prospective buyers or tenants. 23 (iv) Within one calendar day of the start date 24 of any brokerage agreements authorizing the 25 licensee to sell or lease the client's property, 26 publicly advertise or market the listed property HB3452 - 2 - LRB104 09695 AAS 19761 b HB3452- 3 -LRB104 09695 AAS 19761 b HB3452 - 3 - LRB104 09695 AAS 19761 b HB3452 - 3 - LRB104 09695 AAS 19761 b 1 for sale or lease on a platform or website 2 accessible to the general public and any real 3 estate licensees representing prospective buyers 4 or tenants unless the seller or landlord is 5 completes and signs a disclosure and opt-out form 6 prescribed by the Department that includes, but is 7 not limited to: 8 (aa) An express request in writing that 9 the seller's or landlord's agent withhold the 10 listed property from all public marketing or 11 advertising and an outline of the specific 12 reasons for the request; and 13 (bb) An acknowledgment that (i) real 14 estate licensees representing prospective 15 buyers or tenants may not be aware that the 16 seller's or landlord's property is available 17 for sale or lease; (ii) the client's property 18 will not be displayed on internet platforms or 19 websites that are used by the general public 20 to search for property listings; (iii) real 21 estate licensees and prospective buyers or 22 tenants may not be aware of the terms and 23 conditions under which the seller or landlord 24 is offering the property for sale or lease; 25 and (iv) the reduction in exposure of the 26 listed property may reduce the number of HB3452 - 3 - LRB104 09695 AAS 19761 b HB3452- 4 -LRB104 09695 AAS 19761 b HB3452 - 4 - LRB104 09695 AAS 19761 b HB3452 - 4 - LRB104 09695 AAS 19761 b 1 offers to purchase or lease the listed 2 property and negatively impact the seller's or 3 landlord's ability to sell or lease the listed 4 property at terms favorable to the seller or 5 landlord. 6 (3) Exercise reasonable skill and care in the 7 performance of brokerage services. 8 (4) Keep confidential all confidential information 9 received from the client. 10 (5) Comply with all requirements of this Act and all 11 applicable statutes and regulations, including without 12 limitation fair housing and civil rights statutes. 13 (b) A licensee representing a client does not breach a 14 duty or obligation to the client by showing alternative 15 properties to prospective buyers or tenants, by showing 16 properties in which the client is interested to other 17 prospective buyers or tenants, or by making or preparing 18 contemporaneous offers or contracts to purchase or lease the 19 same property. However, a licensee shall provide written 20 disclosure to all clients for whom the licensee is preparing 21 or making contemporaneous offers or contracts to purchase or 22 lease the same property and shall refer to another designated 23 agent any client that requests such referral. 24 (c) A licensee representing a buyer or tenant client will 25 not be presumed to have breached a duty or obligation to that 26 client by working on the basis that the licensee will receive a HB3452 - 4 - LRB104 09695 AAS 19761 b HB3452- 5 -LRB104 09695 AAS 19761 b HB3452 - 5 - LRB104 09695 AAS 19761 b HB3452 - 5 - LRB104 09695 AAS 19761 b HB3452 - 5 - LRB104 09695 AAS 19761 b