2025 Wisconsin Act 69
In response to several adverse federal antitrust court rulings against organized real estate interests and large brokerages, the Wisconsin legislature codified many of the lawsuit settlement provisiions into law. The result was 2025 Wisconsin Act 69. Although seeming to be a hodgepodge of odds and ends related to real estate services (no private listings, transparency in marketing images, digital signatures) the key component is the prohibition of real estate brokerages splitting commissions between unrelated parties. Not just in the MLS system but at any time. Sellers and buyers are responsible for paying for their own representation. If buyers want assistance from the seller in paying for their representation, they must request it as a seller concession in the offer to purchase and it must be agreed-to by both parties. This is good - compensation payments are transparent to everyone - but it's also bad - sellers now dictate whether buyer representation will be paid through the proceeds of the sale. If the buyer is requesting concessions the seller can increase the price to cover the cost of the buyer agent or say meet my price and I'll pay your agent, otherwise you're on your own. Our solution? Listing agents show their own listings and do not outsource the showings to uninformed buyer agents. It's that simple. Listing agents that are paid to sell the house, actually sell the house. Buyer agents represent their clients interests and negotiate on their behalf - without ever showing or trying to sell them a house.
