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 backing SB6091, a new draft bill aimed at curbing exclusive home marketing practices — while stopping short of mandating MLS participation. The trade group informed members of the effort on Jan. 9 in preparation for the start of Washington’s short legislative session this week. The organization shared the draft bill with Real Estate News and other media outlets on Jan. 12; Inman was first to report on the initiative.
‘As consumer-friendly’ as possible
Ryan Beckett, Washington Realtors’ 2026 president, said the measure is designed to prioritize consumers rather than settle 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.
The ultimate goal is being as consumer-friendly as humanly possible for anybody trying to buy or sell real property,” Beckett said of the effort. “When we keep having these conversations about private listing networks, we recognize that it really is at odds with that concept.”
Under the bill, brokers would still be free to use private listing networks or other selective marketing strategies — but only if the listing is also made available publicly “in some way, shape or form,” Beckett explained.
“We’re not telling anybody they can’t use a private listing network, or that they can’t market their property the way they want to,” he said. “But if you do go forward with that particular strategy, you also have to make it available publicly.”
MLS entry not required: ‘We’re not giving parameters’
Unlike the National Association of Realtors’ 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.
“Publicly marketing could be as simple as putting it on your website,” he said. “We’re not telling you you have to have it in the MLS. We’re not giving parameters other than saying it does need to be publicly available to the community.”
That flexibility means the bill would be less restrictive than Zillow’s listing access standards, which require broad public distribution of listings, or Northwest MLS’s policies prohibiting pre-marketing of listings and office exclusives. Those rules have put the two Washington state-based organizations at odds with brokerages in the “seller choice” camp — particularly Compass, which is suing both Zillow and NWMLS over their private listing policies.
A state effort with no industry partnerships involved
Washington isn’t the first state to attempt to codify residential listing access in state law.
Just last month, the Wisconsin legislature passed a bill requiring residential properties to be marketed “on one or more Internet platforms or websites accessible to the general public” 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 year — 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.
“Zillow and Compass are both members of our organization,” he said. “We hate getting involved where members are being pitted against one another. We tried very, very hard to stay out of that completely.”
Transparency, consumer awareness key
Rather than taking a position on the existing private listings debate, Beckett said Washington Realtors is simply focused on transparency and access, and avoiding the “potential for problems,” such as the Fair Housing concerns frequently cited by private listing opponents.
“For us, that’s the big key — just making sure there’s enough transparency out there that consumers in the market are aware of what’s available,” 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.
