Connecticut Private Listing Law Is Live: What Changed

Last Updated on October 14, 2026 by Elizabeth Nolan

Connecticut’s private listing law took effect October 1. If you list a one-to-four unit home in this state, you now market it publicly or you get a signed opt-out form. There’s no third option.

That wasn’t the only change this fall. Since mid-September, Zillow lost its first court round against MRED and Compass. Zillow Preview went live on Realtor.com. And the Washington case that could define “public” won’t reach trial until February 2027.

Here’s what each development means for how you take and market a listing. If you need the background first, start with where the state laws stand and how the Zillow–Compass fight started.

What Connecticut’s Private Listing Law Requires Now

Connecticut SB 340 at a glance

In force: October 1, 2026 (Public Act 26-23)

Covers: one-to-four unit residential sales and leases

Default: public marketing

Exception: a signed Seller/Landlord Opt-Out of Real Estate Public Marketing form

Penalty: fines up to $5,000 and possible license suspension

The law doesn’t ban private listings. It makes public marketing the default and puts any exception on paper.

“Public marketing” is defined broadly. The statute lists public websites, social media, yard signs and digital ads. It also includes an email to more than one recipient. Your brokerage’s own website counts, as does a private network shared by two or more brokerages.

Going private still works. However, the seller must sign the state’s one-page opt-out form first. The seller initials four statements, in the state’s own words:

Visibility. The home may not be seen by many buyers or their agents.
Price. Less competition may mean fewer offers and a lower price or worse terms.
Access. Limiting showings or tours may cut buyer interest even further.
Informed choice. The seller decided voluntarily and had the chance to consult an agent and an attorney.

The seller signs and dates it. So does an authorized representative, with the brokerage name.

Notice line three. It’s about showings, not just marketing. A seller who wants a public listing with tightly limited access should hear that warning too.

Walk through each line before the seller initials it. Don’t slide it across the table with the listing agreement. Line four says they had the chance to ask questions, so make sure they actually did.

Does Your Brokerage Website Count?

Yes and no. This is where agents get tripped up, because the law asks two different questions.

Does posting there count as public marketing? Yes. The statute names a brokerage’s own website, app or digital platform outright. Posting there triggers the law.

Does posting there satisfy the law? Not by itself. The home must be on a “fair, nondiscriminatory and publicly accessible listing platform” at the same time you start marketing it, or before. That platform must be “reasonably designed to generate broad public exposure.” The law names three ways to meet that:

An active listing on a Connecticut MLS
A publicly accessible internet listing platform
Another electronic platform with unrestricted public access

Options two and three come with a catch. A platform doesn’t qualify if it needs a login, invitation or password. It also fails if it’s built mainly for internal use by one brokerage or affiliated group.

A brokerage site anyone can browse might still argue it fits option two. That reading is untested, and it’s the same question in Compass’s Washington case. The MLS is the only route the statute names that removes the doubt.

Three More Rules Agents Miss

Equal treatment for every buyer. You must share listing information, answer inquiries and offer showings on an equal, nondiscriminatory basis. That applies whether the buyer has an agent or not.
Office exclusives still exist. You can keep a listing inside your office, or pitch it to another agent one at a time, as long as you don’t publicly market it.
The form is signed with the listing agreement. The statute ties the opt-out to the moment the listing agreement is executed, not later.

What to Do on Every New Listing

Decide public or private at the listing appointment. Do it before any marketing starts, including a sign, a social post or an email blast.
If the seller opts out, sign the form with the listing agreement. Keep it in the transaction file. Your broker will want to see it.
If you go public, watch your MLS clock. Public marketing, including your brokerage website, typically triggers your MLS’s requirement to enter the listing within one business day.
Don’t confuse an MLS withhold or delayed status with the state law. Those are MLS rules. The opt-out form is a state requirement. You may need both.
Ask your broker for the firm’s paperwork. Many brokerages are issuing their own guidance and forms. Use theirs.

In luxury markets, this will come up often. Discretion is common at higher price points. The conversation is now on the record, which protects you as much as the seller.

Zillow Lost Round One Against MRED and Compass

On September 15, a federal judge in Chicago denied Zillow’s request for a preliminary injunction against MRED and Compass.

Quick recap: Zillow sued in May. It claimed MRED, Chicago’s MLS, and Compass conspired to cut off its listing access. MRED did pull its feed this summer, until a court ordered it restored. I covered the July hearing in How People Actually Search for Homes in 2026.

Here’s what Judge Tharp decided:

No injunction. Zillow hadn’t made a strong enough showing that MRED and Compass agreed to cut it off.
Independent reasons were plausible. Both companies had their own motives to oppose Zillow’s listing rules.
Arbitration for MRED. Zillow’s claims against the MLS move to private arbitration.
Compass case paused. The claims against Compass are stayed while arbitration runs.

This isn’t a final verdict. The judge didn’t find that MRED and Compass did nothing wrong. Zillow says it still intends to prove its case. Meanwhile, MRED says cutting Zillow’s feed remains an option if Zillow blocks listings again.

What It Means for Agents Nationwide

Your MLS isn’t part of this case. Still, it shows that portal visibility can depend on fights between MLSs and portals. Your listing’s presence on Zillow isn’t guaranteed by the MLS alone.

So set expectations with sellers. Tell them where their home will appear, and where it won’t. Then put that marketing plan in writing.

Zillow Preview Is Now Live on Realtor.com

In May, I walked through how Zillow Preview would reach Realtor.com “this summer.” It went live on September 17.

The syndication runs both ways. Zillow Preview listings now appear on Realtor.com as Realtor.com Preview. Realtor.com’s own Preview listings appear on Zillow. Buyers need no login or brokerage relationship on either site.

Preview by the numbers (Zillow-reported)

Reach: Zillow and Realtor.com together draw about three-quarters of major portal visitors

Brokerages enrolled: 60+

First 14 days vs. comparable listings: 18% more views, 9% more shares, 7% more saves

Not available: New York City

Treat Zillow’s performance figures as Zillow’s own numbers. Still, the reach is real.

What It Means for Your Listings

Preview is public marketing. It’s a pre-market window, but it isn’t private. Under Clear Cooperation rules at most MLSs, public marketing starts your one-business-day clock to enter the listing.
Enrollment is still brokerage-level. Individual agents can’t opt in. Ask your broker where your firm stands.
Watch where tour requests go. On both portals, a buyer can contact the listing agent directly, and that connection is free. But buyers can also choose a local buyer’s agent from the portal’s partner network. On Zillow, “Request a Tour” goes to a Preferred agent, not you. If a routed Preview connection closes with a partner agent, you may get a revenue share through your brokerage. Warn sellers about this routing before they notice.

Realtor.com’s paid lead products, like Connections Plus, still handle buyer inquiries on regular active listings. Preview connections now run through the Preview program itself.

What It Means for Your Buyers

Add both portals’ Preview labels to your search routine. When your buyer likes a Preview home, call the listing agent directly. Don’t rely on the tour button to reach them.

Where the Other States Stand

New York: The Fair and Transparent Real Estate Listings Act passed both chambers in June. As of mid-October, Gov. Hochul still hadn’t signed it. Once signed, it takes effect 180 days later. If it becomes law, you’ll need two different opt-out forms. Each state writes its own.
Washington: The law has been in force since June 11. Compass’s antitrust case against Northwest MLS was set for June. The trial is now scheduled for early February 2027. That case may answer the “is a brokerage website public?” question.
Wisconsin: Act 69 takes effect January 1, 2027. Sellers can opt out there too.
Illinois and Hawaii: Bills were still pending at last check.

The Bottom Line

The private listing debate has moved from MLS committee rooms into statehouses and courtrooms. For Connecticut agents, the practical change is simple. Every listing now needs a documented decision: public, or a signed opt-out.

The portal fight will keep shifting. The law in your state won’t. Build the opt-out conversation into your listing presentation, and you’ll be ready for whatever the courts decide next.

Related reading

This post reflects Connecticut Public Act 26-23 and related developments as of October 14, 2026. It isn’t legal advice. Confirm requirements with your broker before advising a client.

Connecticut’s Private Listing Law Is Live. What Changed This Fall.