The short version: Since October 1, 2026, Connecticut's Public Act 26-23 says that when a listing agent publicly markets a one- to four-unit home, the listing must be on a publicly accessible platform, such as an MLS, no later than that first public marketing. Private or "pocket" listings are still allowed if they are not publicly marketed, and a seller who wants to skip public marketing signs a state-mandated opt-out form when the listing agreement is signed.
Connecticut sellers have a new rule to know about. A law signed by Governor Lamont on May 27, 2026 changes how homes can be promoted before they are widely available to the public. It does not force anyone to sell a certain way, but it does set clear guardrails around "coming soon" style promotion and private listing networks. Here is a plain-English walk-through of what the law says, based on the official summary from the Connecticut General Assembly's Office of Legislative Research.
What is Public Act 26-23?
Public Act 26-23 began as Senate Bill 340. It is a multipart real estate bill. Besides the public marketing rule, it changes continuing education rules for licensees (each approved course must now be at least two hours) and, starting January 1, 2027, replaces the title "real estate salesperson" with "real estate agent" throughout state law. The public marketing section, which is the part that matters most to sellers, took effect on October 1, 2026.
Which homes does the new rule cover?
The public marketing rule applies when a broker or agent represents a seller or a landlord of residential property with one to four units. According to the OLR summary, that includes:
- Single-family homes and two-, three- and four-unit properties
- Co-ops or condos in buildings with up to four units total
- Any individual unit in a larger multiunit development
In other words, most of the homes and condos people buy and sell every day in Fairfield County and New Haven County fall within it.
What counts as "public marketing"?
The law defines public marketing broadly: promoting or distributing information about a property through a medium reasonably accessible to buyers or tenants, licensees and the public. The examples listed in the official summary include:
- Listings on a publicly accessible website or digital platform
- Social media promotions
- Emails sent to more than one recipient at once
- Signs directing people to a broker
- Posts on a broker's or brokerage's website, app or digital platform
- Posts on a private network shared by at least two brokerage agencies or franchisees
- Digital ads meant for public distribution
That last network example is important. Sharing a listing across a group of brokerages or franchise offices is treated as public marketing, even if the network itself is private.
What does the law require once a home is publicly marketed?
If a listing is going to be publicly marketed, the seller's broker or agent must make it available on a fair, nondiscriminatory, publicly accessible listing platform designed to reach a broad audience. That has to happen at the same time as, or before, the first public marketing. Under the summary, acceptable platforms are:
- An active listing on at least one Connecticut multiple listing service (MLS)
- A publicly accessible internet listing platform
- Another electronic platform with unrestricted public access
Platforms that require an invitation, password or other credentials do not qualify, and neither do platforms designed mainly for use within a single brokerage or an affiliated group.
The law also spells out duties the seller's agent owes to prospective buyers or tenants and their agents, applied equally and without discrimination. The agent must share the property information the seller has authorized (plus any required disclosures or material facts), respond to inquiries or name a specific person to respond, and make the property available for in-person or virtual showings.
Are private or "pocket" listings still allowed?
Yes. This is the part that often gets lost in headlines. According to the OLR summary, the law does not:
- Require a seller to publicly market the property or list it on a Connecticut MLS
- Prohibit private, pocket or office-exclusive listings that are not publicly marketed
- Prevent a seller from directing a broker to market privately or to a limited group, as long as that direction follows state and federal law
- Stop an agent from sharing a private listing with an individual agent at another brokerage, as long as it is not publicly marketed
- Restrict sharing property information among agents supervised by the same supervising licensee in the same office
So the choice still belongs to the seller. What changed is that a listing can no longer be promoted publicly while being kept off public platforms.
What is the public marketing opt-out form?
If a seller asks to opt out of public marketing at the time the listing agreement is signed, the broker or agent must complete a form titled "Seller/Landlord Opt-Out of Real Estate Public Marketing." The wording of the form is set by the law itself and must be printed in at least 10-point type.
The bill analysis prepared by OLR describes a one-page form with three acknowledgments the seller initials. In plain terms, the seller acknowledges that:
- Prospective buyers may not know the property is for sale
- Less exposure could mean a lower sale price
- Limiting showings may not be in the seller's best financial interest
There is a parallel version for landlords. The form is not meant to discourage a private sale; it is meant to make sure the trade-offs are written down and understood before a seller chooses that route.
Why would a seller choose a private listing?
Sellers have their own reasons, and the law leaves room for them. Some value privacy, some want to test interest quietly, and some have personal circumstances that make a low-profile sale more comfortable. The trade-off the form describes is real, though: fewer people seeing a home generally means fewer potential buyers competing for it. If you are weighing the two approaches, it is worth asking your agent to explain, for your specific home, what you may gain and what you may give up either way.
What happens if an agent doesn't follow the rule?
The penalties fall on licensees, not sellers. Under the OLR summary, after a hearing a violation can lead to license suspension or revocation, a fine of up to $5,000 per violation, or both. These are the same penalties already used for other real estate licensing violations in Connecticut.
What should Connecticut sellers do with this information?
- Decide early. The opt-out choice is tied to signing the listing agreement, so think about public versus private marketing before that conversation.
- Ask how "coming soon" promotion will work. Signs, social posts and group emails all count as public marketing, so the listing must be publicly available on a qualifying platform no later than the first one.
- Read the opt-out form carefully. If you choose a private listing, make sure you understand each acknowledgment before you initial it.
- Ask questions. If something about the rule or your listing agreement is unclear, ask your agent, and for legal questions, your real estate attorney.
Frequently asked questions
When did Connecticut's public marketing law take effect?
The public marketing provisions of Public Act 26-23 took effect on October 1, 2026. The separate change from "real estate salesperson" to "real estate agent" takes effect January 1, 2027.
Does the law require my home to be on the MLS?
No. The law does not require a seller to publicly market a home or list it on a Connecticut MLS. It requires that if the home is publicly marketed, it must be available on a qualifying publicly accessible platform, such as an MLS, at the same time or before.
Can I still sell my home as a private or pocket listing in Connecticut?
Yes. Private, pocket and office-exclusive listings are still allowed as long as they are not publicly marketed. If you want to opt out of public marketing, your broker or agent completes the state's opt-out form with you when the listing agreement is signed.
Does sharing a listing within a brokerage network count as public marketing?
Sharing within the same office among agents supervised by the same supervising licensee is allowed. Posting to a private network of at least two brokerage agencies or franchisees is listed in the law as an example of public marketing.
Does the law apply to condos?
It applies to one- to four-unit residential properties, which the official summary says includes co-ops or condos in buildings with up to four units and any individual unit in a multiunit development.
If you are starting to think about selling and want to talk through how the new rule fits your plans, I'm happy to walk you through it. You can also read five things to do before you sell your Connecticut home or request a home valuation. Reach me at (203) 913-3698 or [email protected].
Sources: Connecticut General Assembly, Office of Legislative Research, Public Act Summary for PA 26-23 (sSB 340), 2026 (accessed October 2026); Connecticut General Assembly, OLR Bill Analysis for SB 340, 2026 (accessed October 2026); Real Estate News, "Connecticut governor signs bill restricting private listings," June 2026.
This is for general educational purposes only and is not legal, tax, or financial advice.
