Defining “Publicly Marketed”: A Question Regulators Can’t Afford to Leave Unanswered

Two words. That’s all it takes to create one of the more consequential gray areas in real estate regulation right now.

“Publicly marketed.”

The phrase appears in industry policy, state statute, and broker guidance documents across the country. It sounds self-explanatory. In practice, it is anything but… and that gap is quietly creating exposure for regulators with an industry culture defining what “publicly marketed” should look like.

Consider the range of scenarios a state ...

2026 in Motion

2026 is officially in full swing, and these first three months have already laid a strong foundation for a fantastic year! We have kicked things off with a packed schedule of strategic, high-value initiatives.

January – March 2026 Highlights:

1. In January, our board, committee chairs, vice chairs and staff sat down to map out the actionable goals for the year.
2. Our two board meetings were ...

AI-Assisted Real Estate Activity Continues to Expand

New Consumer Use Cases and Emerging Legislation Highlight Questions for Regulators

Artificial intelligence continues to expand its presence in real estate transactions, with recent examples illustrating both the growing capabilities of AI-assisted tools and the policy questions they raise for regulators.

In Florida, a homeowner recently reported using an AI platform, ChatGPT, to guide nearly every step of the sale of his home. According to the report, the seller ...

Kansas Lawsuit Challenges Unlicensed Real Estate Practices

State targets “cash offer” model over alleged deception and undisclosed fees

Kansas Attorney General Kris Kobach has filed a consumer protection enforcement lawsuit against House Max, Inc., Jason Jones, and Herbert R. Brown. Jason Jones is the CEO for House Max, Inc. and Herbert R. Brown acts as their “purchasing manager”, neither are licensed real estate brokers.

In violation of the Kansas Consumer Protection Act, it is alleged that the parties:

Appeals Court Upholds Commission Decision in License Renewal Dispute

Mississippi Ruling Reinforces Regulatory Authority When Evidence Supports Disciplinary Action

A recent decision by the Mississippi Court of Appeals affirmed the authority of the Mississippi Real Estate Commission to deny renewal of a real estate license after finding that the applicant had made fraudulent or untruthful representations to the Commission and had been convicted of a felony.

In Brown v. Mississippi Real Estate Commission, the Commission ...