Washington state bill targets private real estate listings and would require some public marketing

This story originally appearedΒ on Real Estate News.
The debate over private listings and pre-marketing in Washington state could soon reach a turning point if a bill requiring the public marketing of residential properties advances in the state legislature.
Washington Realtors is backingΒ SB6091, a new draft bill aimed at curbing exclusive home marketing practicesΒ β while stopping short of mandating MLS participation. The trade group informed members of the effort on Jan. 9 in preparation for the start of Washingtonβs short legislative session this week. The organization shared the draft bill with Real Estate News and other media outlets on Jan. 12;Β InmanΒ was first to report on the initiative.Β
βAs consumer-friendlyβ as possible
Ryan Beckett, Washington Realtorsβ 2026 president, said the measure is designed to prioritize consumers rather than settleΒ industry disputes over platforms or listing strategies. The draft bill would prohibit real estate brokers from marketing residential properties to a limited or exclusive group of buyers or brokers unless the property is also marketed publicly at the same time.
βThe ultimate goal is being as consumer-friendly as humanly possible for anybody trying to buy or sell real property,β Beckett said of the effort. βWhen we keep having these conversations about private listing networks, we recognize that it really is at odds with that concept.β
Under the bill, brokers would still be free to use private listing networks or other selective marketing strategies β but only if the listing is also made available publicly βin some way, shape or form,β Beckett explained.Β
βWeβre not telling anybody they canβt use a private listing network, or that they canβt market their property the way they want to,β he said. βBut if you do go forward with that particular strategy, you also have to make it available publicly.β
MLS entry not required: βWeβre not giving parametersβΒ
Unlike the National Association of RealtorsβΒ Clear Cooperation Policy, the bill does not tie compliance to MLS rules or require brokers to include their listings in the MLS. Beckett emphasized that the language in the bill is intentionally platform-neutral.Β
βPublicly marketing could be as simple as putting it on your website,β he said. βWeβre not telling you you have to have it in the MLS. Weβre not giving parameters other than saying it does need to be publicly available to the community.β
That flexibility means the bill would be less restrictive thanΒ Zillowβs listing access standards, which require broad public distribution of listings, orΒ Northwest MLSβs policiesΒ prohibiting pre-marketing of listings and office exclusives. Those rules have put the two Washington state-based organizations at odds with brokerages in theΒ βseller choiceβΒ camp βΒ particularly Compass, which isΒ suing both ZillowΒ andΒ NWMLSΒ over their private listing policies.
A state effort with no industry partnerships involvedΒ Β
Washington isnβt the first state to attempt to codify residential listing access in state law.Β
Just last month,Β the Wisconsin legislature passed a billΒ requiring residential properties to be marketed βon one or more Internet platforms or websites accessible to the general publicβ within one business day of a signed listing agreement, unless the seller completes and signs a state-mandated disclosure form. The law is set to go into effect in January 2027.
A similar bill was introduced in Illinois last yearΒ β and in that case, Zillow was a key partner in the effort. But in Washington, Beckett said his organization deliberately avoided framing the bill as a response to specific companies or industry rivalries.Β
βZillow and Compass are both members of our organization,β he said. βWe hate getting involved where members are being pitted against one another. We tried very, very hard to stay out of that completely.β
Transparency, consumer awareness key
Rather than taking a position on the existing private listings debate, Beckett said Washington Realtors is simply focused onΒ transparency and access, and avoiding the βpotential for problems,β such asΒ the Fair Housing concernsΒ frequently cited by private listing opponents.
βFor us, thatβs the big key β just making sure thereβs enough transparency out there that consumers in the market are aware of whatβs available,β Beckett said.
The legislation does include limited carve-outs for sellers with health, safety or confidentiality concerns, however, including in situations where medical issues would require limiting the number of people entering a home. Beckett said some of those exceptions already exist in state law, with others clarified in the new bill.
The bill has bipartisan support in both legislative chambers: In the Senate, sponsors include Sens. Marco Liias (D-21), Emily Alvarado (D-34), Chris Gildon (R-25), John Braun (R-20) and Jessica Bateman (D-22); in the House, the bill is sponsored by Reps. Strom Peterson (D-21) and April Connors (R-8), Washington Realtors told Real Estate News.