Cori Lamont, WRA Vice President of Legal and Public Affairs | Advocacy comes in many forms. For the WRA, advocacy may come in the form of advocating for or against legislation in the state Capitol, it may be advocating for an administrative rule change at a state agency, and it includes advocating in the court system.
One of the main lobbying activities of the WRA is advocating within the Wisconsin Legislature. The WRA supports policies that strengthen Wisconsinites’ ability to own, buy and sell real property.Where does the WRA’s advocacy go in 2025? That’s a great question. We know there is a lot of support to continue to help address the supply side of the housing crisis.However, before deciding on the specific solutions we will advocate for, there’s a process. At the start of every two-year legislative session, the WRA board of directors reviews and approves legislative priorities. This process will occur again for the 2025-26 session. The list of legislative priorities consists of different policy initiatives grouped to address various issues affecting the real estate industry, including housing inventory, housing affordability, income and property taxes, economic development, protecting property rights, and streamlining the real estate transaction.
The creation of the WRA’s legislative priorities is a comprehensive process that involves input from a wide variety of sources, including individual REALTORS®, local association staff, WRA Public Policy Committee members and others. The priorities are identified based on problematic regulations at the local level, regulatory trends from other states, calls to the WRA Legal Hotline about transactional matters, and court cases involving important real estate issues.
Once the WRA board approves the agenda, the WRA’s lobbying team will begin to implement it by working with lawmakers on both sides of the aisle to introduce and pass legislation though the various stages of the legislative process.
Generally, the WRA will advocate to address housing affordability by increasing the housing inventory, maintaining the property tax levy freeze, and working to cut Wisconsin’s real estate transfer tax by one-third. Further, the WRA will look to modernize real estate practice and address consumer protection issues. This may include agency changes and updating Wisconsin’s electronic signature law. Further, the WRA will look at increasing property tax transparency and improving tax assessment practices by creating better access to property tax assessment data and reducing reliance on property taxes to fund local government.
Lastly, the WRA will look to create coalitions with industry partners to make changes for the betterment of the real estate transaction and the consumer, such as eliminating trigger leads and preventing property title fraud.
But the WRA won’t be just on offense this session. Our heads will have to be on a swivel to help prevent bad laws from passing. Local governments and schools continue to struggle with funding, and they hope to lift property tax levy limits. The WRA will continue to advocate to explore alternative funding for schools and local governments, as property taxes cannot continue as the main funding source.
Additionally, every legislator has heard about the need for housing. And when there is high demand and little inventory, prices go up. Wisconsin’s home prices have increased at least 50% over the last five years. And when home prices go up, so do rent prices. Therefore, many Wisconsinites want to control rent prices. Government price control on rent is not the solution. High rents are a byproduct of the lack of housing inventory. To address the rent and housing affordability issues, more housing must occur. Rent control will discourage developers from building more properties, only worsening the housing crisis. Further, landlords will find it unprofitable to maintain or invest in rental property, again limiting the available housing. Therefore, the WRA will continue to work to educate lawmakers about the need to increase housing inventory.
We will ask you to actively participate in the legislative process by attending REALTOR® & Government Day on April 17, 2025, in Madison and by responding to legislative calls to action.
Advocacy at state agencies
While equally impactful to the daily lives of Wisconsin citizens and industry professionals, changes to administrative rules occur through the respective state agency that regulates the matter.
Here are just a few of the Wisconsin state agencies in which the WRA’s advocacy has occurred over the years:
- Department of Administration (DOA)
- Department of Revenue (DOR)
- Department of Agriculture, Trade and Consumer Protection (DATCP)
- Department of Transportation (DOT)
- Department of Natural Resources (DNR)
- Department of Financial Institutions (DFI)
- Office of the Commissioner of Insurance (OCI)
- Department of Workforce Development (DWD)
- Economic Development Corporation (WEDC)
- Wisconsin Housing and Economic Development Authority (WHEDA)
- Department of Safety and Professional Services (DSPS)
The WRA’s advocacy has recently had a positive effect on state agencies. For instance, the Real Estate Examining Board (REEB), which is part of the DSPS, promulgates rules directly impacting the real estate profession. Specifically, the REEB promulgates REEB 11, 12, 15, 16, 17, 18, 23, 24 and 25. The DSPS credentials and licenses more than 208 professions, including real estate. The REEB is the body within the DSPS that regulates your license. The REEB is comprised of five real estate brokers and salespersons as well as two members of the public. The REEB performs the following functions:
- Grants and issues real estate licenses.
- Approves WB forms for use in real estate practice
- Approves education curriculum for sales and broker pre-license as well as continuing education (CE)
- Approves or denies the renewal of licenses.
- Promulgates administrative rules relating to real estate practice.
Revokes, suspends or limits licenses, assesses forfeitures and/or assesses other disciplinary actions for licensee violations of state laws or administrative rules.
In 2024, 18 WB forms were updated in response to the NAR settlement agreement. Furthermore, when the REEB discusses rule revisions or policy changes, the WRA participates in that process as a stakeholder. And when CE curriculum is discussed, the WRA ensures the curriculum remains relevant to practice and keeps Wisconsin real estate licensees informed about Wisconsin laws, form changes and case law, ensuring competency in practice.
The advocacy work of the WRA at the DSPS has a greater impact on your daily business than any other activity we participate in, yet it’s the least visible or least noticed.
The modification of an administrative rule typically takes around two years. This flowchart provides a summary of the six different stages. The REEB has authorized for Wis. Admin. Code Ch. REEB 24, Conduct and Ethical Practices for Real Estate Licensees, to be opened to discuss modifications. A large portion of that rule revision will occur in 2025 and 2026.
Advocacy in the court system
The WRA also participates in advocacy in the court system, both in Wisconsin and federally. For over 40 years, the WRA’s Legal Action Program has supported our members and property owners in various legal matters. The Legal Action Program can help in a variety of ways, including litigation at all levels of the court system as well as quasi-judicial administrative proceedings.
The WRA’s Legal Action Program helps to educate judges and justices about Wisconsin legal matters that impact the practice of real estate, the ownership and use of real estate, private property rights, and other matters important to REALTORS® and the real estate industry.
Referrals: Need help finding legal counsel? The WRA will help identify specialized attorneys in the field that have a better understanding of the issue.
Funding: The WRA has even assisted in paying for legal fees. Each case is different, and so each arrangement and the WRA’s involvement differs. However, Legal Action Program funds may not be used to pay any judgment for damages or fines, or any other award of damages.
Research: The WRA invests time and resources to research some of the most complex issues impacting water quality and property rights. The WRA has even been an expert witness and has provided research to attorneys as well as state agencies in policy and rulemaking.
Amicus briefs: Typically, the WRA participates in a case by filing and arguing as an amicus curiae, or a “friend of the court.” The Legal Action Program has filed hundreds of amicus briefs throughout all levels of the courts in Wisconsin and even in the U.S. Supreme Court and federal district court. The WRA also has been a member of a coalition of similarly interested parties as well as a party to the lawsuit.
In 2024, the Legal Action Program had a huge win. The Wisconsin Court of Appeals District II upheld Wis. Stat. § 452.142, one of the strictest REALTOR® liability limits in the nation. The law imposes a two-year window for legal action related to brokerage services, starting from one of three key triggers, including the transaction’s closing. Previously, REALTORS® could face lawsuits for up to six years
Plaintiffs sought to extend liability beyond two years, but the Court of Appeals affirmed that all claims are barred after that period. The decision is recommended for publication, establishing legal precedent for future cases.
This is a major win for Wisconsin REALTORS®. The WRA advocated for the statutory change in 2016 and filed an amicus brief in support of the two-year limit.
We look forward to more success for the Legal Action Program in 2025 and beyond.