New York Just Took Aim at Private Listing Networks
Assembly Bill A10679 would require public marketing of residential listings unless a seller or landlord gives informed written consent to opt out.
This past Friday, May 29, 2026, the NYS Assembly passed Bill A10679.
On June 1, 2026, it passed the NYS Senate.
According to the bill jacket, the purpose of the bill is to require timely public advertising or marketing of listed residential properties on platforms accessible to the general public, while permitting non-public marketing only where the seller gives informed, written direction after receiving a standardized state disclosure that explains the risks and tradeoffs of withholding a listing from public marketing.
Why This Matters
The bill directly targets private listing networks, pocket listings, private exclusives, and other restricted marketing strategies where properties may be shown to limited audiences before being publicly available.
The bill justification states that access to information shapes outcomes for buyers and sellers. It identifies Private Listing Networks as a strategy used by real estate brokers to quietly market properties to internal audiences for indefinite periods of time, outside the view of other brokerages and a broader pool of potential buyers.
If enacted, the law would create a new section of the Real Property Law, RPL 443-b, and would require a standardized disclosure form for any seller or landlord who opts out of public marketing.
The Proposed Opt-Out Disclosure
The proposed disclosure form would require sellers and landlords to acknowledge, in writing, the potential consequences of withholding a property from public marketing, including:
- Reduced visibility to buyers, tenants, and agents outside the listing brokerage.
- Limited online exposure through websites, syndicated feeds, email blasts, listservs, newsletters, and similar channels.
- Fewer offers and possible impact on price and timing because reduced exposure may affect the seller’s ability to sell or lease sooner, on better terms, or at a higher price.
- Restricted marketing channels including publicly accessible listing websites, MLS websites, online marketplaces, social media platforms, and broad digital services.
- Continued fair housing obligations because any marketing that does occur still cannot discriminate against protected classes.
Compliance Risk for Brokerages
Real estate brokerage firms should immediately review their private listing, pocket listing, and seller opt-out procedures. Even if this specific bill is not enacted, written informed consent can help show that the brokerage and its agents acted competently, explained material risks, and fulfilled their fiduciary duties.
The proposed law would also prohibit listing agents from altering or omitting required disclosure language in the standardized form. Any additional language added by a listing agent could not be misleading or inconsistent with the purpose of the disclosure.
For brokerages, this is not just a marketing issue. It is a litigation risk issue. If a seller later claims that a private listing strategy reduced exposure, suppressed competition, delayed a sale, or impacted price, the brokerage’s records, disclosures, and consent process will matter.
Stay Ahead of Brokerage Litigation Risk
Private listing policies are rapidly becoming one of the most scrutinized issues in real estate. Whether this bill becomes law or not, brokerages should review their policies, disclosure forms, and seller communications now to reduce exposure to fiduciary duty, negligence, fair housing, and consumer protection claims.
If your brokerage needs guidance on private listings, seller disclosures, compliance procedures, or defending against real estate litigation, contact Lieb at Law, P.C. to discuss your risk management strategy before regulators, competitors, or plaintiffs' attorneys do.
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