Legal Disruptions in Real Estate 2026
This program is an excerpt from the Annual Real Estate Update 2025.
Control the list, control the deal?
Real estate deals are still getting done, but the rules behind them are in flux. Recent court decisions, increased regulatory attention, and changes in how listings are marketed are affecting how commissions are handled, how properties reach buyers, and how much control brokers and platforms have in the process. These changes can create real risks for Wisconsin lawyers advising buyers, sellers, or brokerages.
Legal Disruptions in Real Estate explains the legal developments driving these shifts and translates them into practical guidance for Wisconsin lawyers counseling real estate clients.
This program is an excerpt from the Annual Real Estate Update 2025.
Control the list, control the deal?
Real estate deals are still getting done, but the rules behind them are in flux. Recent court decisions, increased regulatory attention, and changes in how listings are marketed are affecting how commissions are handled, how properties reach buyers, and how much control brokers and platforms have in the process. These changes can create real risks for Wisconsin lawyers advising buyers, sellers, or brokerages.
Legal Disruptions in Real Estate explains the legal developments driving these shifts and translates them into practical guidance for Wisconsin lawyers counseling real estate clients.
What you’ll explore:
- How recent antitrust litigation has changed commission practices and buyer-broker relationships, with a focus on Wisconsin transactions
- The legal considerations around delayed marketing, including MLS rules, available exemptions, and the importance of informed seller consent
- What Compass v. Zillow reveals about competition, access to listings, and control over real estate platforms
- How MLSs are redefining their role in response to settlements and increased oversight
- Why commission rates have remained relatively consistent despite greater transparency, and how that affects client expectations and contract drafting
With help from Legal Disruptions in Real Estate, understand how current legal and market forces are reshaping real estate transactions and how to adjust your advice accordingly.
Product details
- Draft buyer and seller agreements that reflect current commission rules and reduce ambiguity
- Advise clients on delayed marketing strategies while managing fair housing, disclosure, and enforcement risks
- Stay current on Department of Justice scrutiny and MLS rule changes affecting Wisconsin transactions
- Prepare clients for continued uncertainty around commissions without overstating the likelihood of rapid change
- Strengthen client counseling with advice grounded in recent litigation and settlements
- Real estate lawyers
- Title and closing lawyers
- Landlord-tenant lawyers
- Real estate agents and brokers
- General practitioners