Could Illinois End the Private Listings Debate? New Bill Aims to Make ‘Clear Cooperation’ the Law
By: Velorine
Springfield, IL – In a bold attempt to bring clarity, fairness, and transparency to the real estate market, a new bill in the Illinois General Assembly could make Clear Cooperation more than just a policy it could soon be the law.
HB3452, a proposed amendment to Illinois’ Real Estate License Act of 2000, seeks to require real estate agents to publicly list properties within one calendar day of signing a brokerage agreement. While private listings wouldn’t be banned outright, they would require extra disclosure and documentation, marking a major shift in how exclusivity in real estate is handled statewide.
The End of the “Sneak Peek” Era?
At the heart of the bill is a clear goal: make sure all buyers have equal access to homes for sale, regardless of their connections or agent affiliations. It mirrors the National Association of Realtors’ (NAR) Clear Cooperation Policy but with legal teeth.
Introduced by State Rep. Lilian Jiménez, the legislation is being driven by concerns around fair housing in rapidly gentrifying neighborhoods. “We need guardrails,” Jiménez said. “This is about making sure consumer interests come first, especially in a market with a history of redlining and segregation.”
Support and Pushback from Industry Heavyweights
The bill has drawn early support from groups like the National Association of Hispanic Real Estate Professionals and Zillow, which praised the effort to create a more open and efficient real estate marketplace.
But not everyone is on board.
Illinois Realtors CEO Jeff Baker has raised concerns that the bill could be more about embedding a real estate portal’s business model into law than improving consumer outcomes. “It wasn’t assigned to a substantive committee,” Baker noted, hinting that politics may be at play.
Meanwhile, some brokerages defend private exclusives as a legitimate option for sellers who value privacy. Still, critics argue that promoting “off-market” listings can be a tool for fear-based recruiting and market manipulation.
Laura Ellis, President of Residential Sales at Baird & Warner, emphasized that the local MLS, MRED, already supports a Private Listing Network (PLN) that maintains visibility within the agent community. But she questioned Compass and other firms leaning heavily into private exclusives.
“It’s not a long-term strategy for success,” Ellis said. “It undermines the idea of a level playing field.”
Lawmakers vs. Industry: Who Decides the Rules of Real Estate?
The growing tension over off-MLS listings is becoming a flashpoint in real estate regulation. Some argue it’s an overreach, forcing uniformity on a system that should allow seller choice. Others, like Jiménez, insist that transparency isn’t optional when fair access to housing is on the line.
With the bill still in committee, its future remains uncertain but its implications are already rippling through Illinois’ real estate ecosystem.
What’s Next?
Whether HB3452 gains momentum or fizzles out, one thing is clear: the fight over private listings is far from over. As real estate practices evolve, lawmakers and industry leaders will continue to wrestle with the balance between privacy, fairness, and market transparency.
If Illinois passes this law, it could set a national precedent, redefining what cooperation and openness in real estate truly mean not just in practice, but in principle.
