Bill Text: IL HB3452 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2025-03-21 - Rule 19(a) / Re-referred to Rules Committee [HB3452 Detail]

Download: Illinois-2025-HB3452-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3452 Introduced , by Rep. Lilian Jim�nez 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
HB3452 LRB104 09695 AAS 19761 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Real Estate License Act of 2000 is amended
by changing Section 15-15 as follows:
(225 ILCS 454/15-15)
(Section scheduled to be repealed on January 1, 2030)
Sec. 15-15. Duties of licensees representing clients.
(a) A licensee representing a client shall:
(1) Perform the terms of the brokerage agreement
between a broker and the client.
(2) Promote the best interest of the client by:
(A) Seeking a transaction at the price and terms
stated in the brokerage agreement or at a price and
terms otherwise acceptable to the client.
(B) Timely presenting all offers to and from the
client, unless the client has waived this duty.
(C) Disclosing to the client material facts
concerning the transaction of which the licensee has
actual knowledge, unless that information is
confidential information. Material facts do not
include the following when located on or related to
real estate that is not the subject of the

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transaction: (i) physical conditions that do not have
a substantial adverse effect on the value of the real
estate, (ii) fact situations, or (iii) occurrences and
acts at the property.
(D) Timely accounting for all money and property
received in which the client has, may have, or should
have had an interest.
(E) Obeying specific directions of the client that
are not otherwise contrary to applicable statutes,
ordinances, or rules.
(F) Acting in a manner consistent with promoting
the client's best interests as opposed to a licensee's
or any other person's self-interest.
(G) A licensee representing a seller or landlord
shall:
(i) Share information on the property with any
licensees representing prospective buyers or
tenants.
(ii) Respond to inquiries from any licensees
representing prospective buyers or tenants.
(iii) Make the property available for showing
to prospective buyers or tenants.
(iv) Within one calendar day of the start date
of any brokerage agreements authorizing the
licensee to sell or lease the client's property,
publicly advertise or market the listed property

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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 that includes, but is
not limited to:
(aa) An express request in writing that
the seller's or landlord's agent withhold the
listed property from all public marketing or
advertising and an outline of the specific
reasons for the request; and
(bb) An acknowledgment that (i) real
estate licensees representing prospective
buyers or tenants may not be aware that the
seller's or landlord's property is available
for sale or lease; (ii) the client's property
will not be displayed on internet platforms or
websites that are used by the general public
to search for property listings; (iii) real
estate licensees and prospective buyers or
tenants may not be aware of the terms and
conditions under which the seller or landlord
is offering the property for sale or lease;
and (iv) the reduction in exposure of the
listed property may reduce the number of

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offers to purchase or lease the listed
property and negatively impact the seller's or
landlord's ability to sell or lease the listed
property at terms favorable to the seller or
landlord.
(3) Exercise reasonable skill and care in the
performance of brokerage services.
(4) Keep confidential all confidential information
received from the client.
(5) Comply with all requirements of this Act and all
applicable statutes and regulations, including without
limitation fair housing and civil rights statutes.
(b) A licensee representing a client does not breach a
duty or obligation to the client by showing alternative
properties to prospective buyers or tenants, by showing
properties in which the client is interested to other
prospective buyers or tenants, or by making or preparing
contemporaneous offers or contracts to purchase or lease the
same property. However, a licensee shall provide written
disclosure to all clients for whom the licensee is preparing
or making contemporaneous offers or contracts to purchase or
lease the same property and shall refer to another designated
agent any client that requests such referral.
(c) A licensee representing a buyer or tenant client will
not be presumed to have breached a duty or obligation to that
client by working on the basis that the licensee will receive a

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higher fee or compensation based on higher selling price or
lease cost.
(d) A licensee shall not be liable to a client for
providing false information to the client if the false
information was provided to the licensee by a customer unless
the licensee knew or should have known the information was
false.
(e) Nothing in the Section shall be construed as changing
a licensee's duty under common law as to negligent or
fraudulent misrepresentation of material information.
(Source: P.A. 101-357, eff. 8-9-19.)