Your words won the listing. But could they withstand a regulator’s review?

What happens when your marketing language comes under scrutiny? When it comes to compliance, subjective language can be a hidden risk—especially if there’s no documentation to back it up.

A recent Inman article by Summer Goralik—former California DRE investigator and now a real estate compliance consultant—makes something very clear: state regulators are not waiting for lawsuits to take action. They already have the authority to enforce laws that protect consumers.

So what does that scrutiny actually look like and how can you stay ahead of it?

Problem #1: Is It Pre-Marketing or Just Pretext?

Imagine a listing agent who promises their seller “exclusive exposure” before the listing hits the MLS. The agent encourages the seller to skip the MLS entirely, keeping it “in-house” and offering exposure to their buyer pool.

The seller might think: “Sounds good. Fewer showings, still a solid offer – why not?”

But here’s what regulators will want to know:

• Was the seller fully informed?

• Were they told about potential missed offers?

• Was this strategy based on the seller’s needs or the brokerage’s benefit?

Because when transparency is missing, words might not be enough.

Problem #2: Do Buyers Know What They Don’t Know?

Now, imagine a buyer making an offer on an off-MLS home.

What don’t they know?

• There’s no Days on Market (DOM) data.

• No listing history.

• No visibility into price drops or other activity.

Even if the buyer gets a decent deal, they didn’t have all the facts. That undermines informed consent.

As Goralik points out, these are the real questions state regulators can ask.

“They’re here to protect the public. They don’t just say their north star is the consumer, they have laws to enforce that mandate it. And listen: They’re paying close attention to how these issues are unfolding,” Goralik says.

Solution #1: Documentation Is Your Defense

If a seller requests an off-MLS strategy, document, document, document:

• A written acknowledgment of the risks

• A clear, easy-to-understand explanation of how the approach limits exposure

• Evidence that the strategy was seller-led, not brokerage-guided

A verbal “they agreed to it” probably won’t go very far in demonstrating compliance.

Solution #2: Technology That Proves Transparency in Real Time

Every action, every offer – visible, trackable, defensible.

When offers, activity, and timelines are visible in real-time, there’s less room for confusion or risk.

That’s why we built EZ the way we did:

• Every offer is visible to buyers and sellers

• Timelines are transparent

• The transaction process isn’t hidden behind agent-only messaging

Transparency’s not just good business – it’s a built-in compliance layer.

Solution #3: Bake Disclosure Into Every Step

Policies. Systems. Language. If you can’t articulate it, you can’t defend it.

Imagine a regulator asking a broker, “How do you monitor off-MLS activity in your office?”

Can your compliance process be articulated? Do you employ:

• Written policies?

• Consistent disclosures?

• Oversight systems?

Or would your answer be… a shrug?

Even if a client thinks they understood the risks, if the disclosure wasn’t clear, documented, and consistent, you may still be exposed.

Great compliance isn’t about playing defense.

It’s about proving your business puts the client first. Beyond compliance, this leads to happy clients and a stellar reputation.

Final Word: Compliance is a new requirement. But the old way – saying “consumer choice” without clearly showing the risks – just won’t cut it anymore.

You can’t build consumer trust if your strategy depends on what the client doesn’t know. And in today’s market, regulators are watching.

At EZ Real Estate Platform, transparency isn’t a vision – it’s built into every offer, every step, and every buying and selling experience.

Our proprietary listing presentation strategy has a 95% success rate because it educates the seller. It brings clarity around pricing, exposure, and the offer process.

The EZ Way—approved in all 48 contiguous states—is a better, smarter, and more compliant way to do real estate.

About the Author

Katt Wagner is the Head of Content and Community and Marketing Director at EZ Real Estate Platform, where she helps agents and brokers lead with transparency, win more listings, and thrive in the post-settlement real estate landscape. With a background in sales and strategic content, Katt is known for turning complex industry shifts into tactical, easy-to-use insights. Her work not only supports agents – it helps deliver a better, more transparent experience for today’s buyers and sellers.

Note: The opinions, suggestions, and recommendations in this article are for informational purposes only and do not constitute legal advice. Always consult your broker, compliance team, or qualified legal counsel in your jurisdiction before making decisions related to disclosure practices, MLS policy, or regulatory compliance.

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