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Legal Clarity in a Rapidly Shifting Market

LeadingRE Chief Legal Officer and EVP of Industry & Learning Jessica Edgerton discusses the evolving legal landscape and the compliance challenges.

Home Agents
By Joey Macari
November 6, 2025
Reading Time: 3 mins read
Legal

When you talk with Jessica Edgerton, one thing becomes clear fast: she doesn’t see legal and compliance as boxes to check, but as living systems that shape trust, efficiency and the future of the real estate business. As chief legal officer and executive vice president of Industry & Learning at Leading Real Estate Companies of the World® (LeadingRE), she has the kind of dual role that keeps her balancing both the letter of the law and the human side of the industry.

Her work spans everything from high-stakes regulatory changes to the nitty-gritty of agent training, data security and AI. But Edgerton isn’t just focused on rules—she’s focused on people. For her, clarity and transparency are about more than reducing risk. They’re about empowering agents, earning client trust and preparing brokerages to move faster and smarter. 

Here, Edgerton discusses the evolving legal landscape and the compliance challenges keeping brokers up at night. 

What is the most important factor for ensuring smooth real estate transactions? 

Firms that are operationalizing clarity and transparency will close deals faster with happier clients and fewer nasty surprises. Consumer-facing clarity from the moment a listing appointment begins, or from the moment a buyer agreement is presented, not only ensures smoother transactions, it also ensures agents—and their brokerages—are earning a crucial trust premium with their clients, which is more important than ever given the past five years of very public legal tumult for our industry.

How are emerging legal trends impacting brokers and agents in day-to-day transactions?

Most obviously, brokers and agents have had to move quickly to conform to the 2024 settlement’s requirements. Consumer-facing clarity and transparency is a huge risk mitigator, maybe the biggest one—in all aspects of our business. Beyond this, I have what I call my “while we were out” list of risk topics heating up—marketing compliance with the Telephone Consumer Protection Act, especially as we experiment with shiny new AI outreach tools. I can’t stress enough the need for every brokerage to have a robust AI Use Policy in place, and then train the heck out of your people to follow it. Smart brokerages are upping their data privacy and security policies in light of AI scammers. It’s a whole new ballgame for wire fraud, phishing and ransomware.

Looking at the industry as a whole, what trends or challenges do you see shaping how firms manage risk and compliance?

Big picture, we need to be much more fast-moving when it comes to risk mitigation. Technology is advancing legal risks faster by the day. We all need to move from policy binders to compliance-by-design, with auditable systems that are measured, repeatable and visible to leadership. Brokerages should regularly review their training materials, internal policies, insurance portfolio and data security to keep up with real-world risks.

What legal pitfalls do new agents or brokerages encounter, and how can they proactively address them?

New agents are hungry to build their client base, but enthusiasm without precautions can present risk. The two best tools are a heavy training regimen and a dedicated mentorship program. New agents paired with an experienced mentor are much less likely to expose themselves, or their brokerage, to risk. It also reassures clients that their fantastic “new” agent has experience at their back.

In what ways is education helping firms adapt to evolving legal and market challenges?

Training and development is the bridge between regulatory change and real-world execution. Our LeadingRE Institute delivers on-demand courses that turn complex legal shifts into practical behaviors. Our quarterly Risky Minute video series provides digestible best practices, and during the settlement rollout, we launched special programming and live webinars with thousands of viewers. Add to that our networking events, and you have a learning ecosystem unlike anything else out there.

For more information, please visit https://www.leadingre.com.

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Joey Macari

Joey Macari is an RISMedia contributing editor.

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