Illinois 2025-2026 Regular Session

Illinois House Bill HB3452 Latest Draft

Bill / Introduced Version Filed 02/07/2025

                            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
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  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

 

 



 

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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

 

 

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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

 

 

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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

 

 

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