Wisconsin Assembly Bill AB407

Wisconsin 2023-2024 Regular Session

• Introduced: 9/6/23
• Refer: 9/6/23
• Failed: 4/15/24

Caption

Advertising real property as for sale by owner.

Impact

The enactment of AB407 is expected to create a more flexible environment for property owners looking to sell their homes independently. By allowing brokers to advertise properties 'for sale by owner,' the bill could provide homeowners with greater visibility in a competitive real estate market. Additionally, it removes certain barriers faced by brokers and owners where advertising is concerned, potentially fostering a more dynamic housing market in Wisconsin. Brokers would, however, need to ensure that all advertisements clearly state that the property is being sold by the owner and that it is not subject to a listing agreement.

Summary

Assembly Bill 407 (AB407) addresses the advertising practices related to real estate transactions, specifically those involving properties being sold directly by the owner. The bill proposes amendments to existing statutes which currently prohibit licensed real estate brokers from advertising a property unless they have a listing agreement or consent from a listing firm. Under AB407, brokers would be allowed to advertise a property without a listing agreement, provided they enter into a written contract with the property owner. This change is aimed at enhancing the ability of property owners to market their homes more effectively while still involving licensed brokers in the sale process.

Contention

While proponents of AB407 argue that the bill enhances consumer choice and serves the interests of property owners, some concerns may arise regarding the implications for established real estate practices. Critics might contend that loosening the constraints on advertising without a formal listing agreement could undermine the traditional role of real estate brokers, leading to greater confusion or competition that might not necessarily benefit all parties involved. As such, discussions surrounding the bill may involve debates about the importance of maintaining professional standards in the real estate industry while also supporting owner-initiated sales.