Washington’s Push for Public Property Marketing: A Balance of Consumer Rights and Industry Flexibility
In a significant legislative development, Washington state is poised to transform the residential real estate landscape with a new bill addressing private listings and pre-marketing practices. The proposed legislation, SB6091, backed by Washington Realtors, aims to ensure greater transparency in home marketing without imposing overly restrictive requirements on industry professionals. Unlike existing policies from organizations like the National Association of Realtors, Zillow, or Northwest MLS, this bill takes a more nuanced approach to the contentious issue of property marketing accessibility.
At its core, the bill represents a consumer-first philosophy rather than an attempt to resolve industry disputes about platforms or listing strategies. Ryan Beckett, Washington Realtors’ 2026 president, emphasized this consumer-centric approach: “The ultimate goal is being as consumer-friendly as humanly possible for anybody trying to buy or sell real property.” The legislation would prohibit real estate brokers from marketing residential properties exclusively to limited groups of buyers or brokers unless those same properties are simultaneously made available to the public. This balanced approach acknowledges the reality that private listing networks have their place in the industry while ensuring they don’t undermine fair access to property information.
What makes Washington’s approach particularly noteworthy is its platform-neutral stance and flexibility. Unlike more restrictive policies, the bill doesn’t mandate MLS participation or dictate specific marketing channels. “Publicly marketing could be as simple as putting it on your website,” explained Beckett. “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.” This flexibility represents a middle ground in an increasingly polarized debate, allowing brokers to continue using private listing networks or selective marketing strategies so long as the property information is also made publicly accessible in some form. The legislation thus sidesteps the ongoing industry tensions exemplified by Compass’s lawsuits against Zillow and Northwest MLS over their more restrictive private listing policies.
The Washington effort stands apart from similar initiatives in other states by deliberately avoiding industry partnerships that might suggest favoritism toward particular companies. While Zillow played a key role in comparable legislation introduced in Illinois, Washington Realtors has intentionally maintained neutrality in the corporate conflicts surrounding listing access. “Zillow and Compass are both members of our organization,” noted Beckett. “We hate getting involved where members are being pitted against one another. We tried very, very hard to stay out of that completely.” This approach reflects a pragmatic recognition that the state’s real estate community includes stakeholders on both sides of the private listings debate, and that effective legislation must balance competing interests rather than champion one faction over another.
Beyond resolving industry tensions, the bill addresses deeper concerns about fairness and access in housing markets. By requiring public marketing of residential properties, the legislation tackles potential fair housing issues that critics often associate with exclusive listing practices. When properties are marketed only to select networks, opportunities may be inadvertently limited for certain demographic groups, raising equity concerns. However, the bill also includes thoughtful exceptions for sellers with legitimate privacy needs, such as those with health or safety concerns that might necessitate limiting home access. These carve-outs acknowledge that there are circumstances where more controlled marketing may be appropriate, while still maintaining the principle that property information should generally be publicly available.
The bipartisan support for SB6091 suggests its potential for success in Washington’s legislative process. With sponsors from both major political parties in both chambers, including Democratic Senators Marco Liias, Emily Alvarado, and Jessica Bateman, Republican Senators Chris Gildon and John Braun, and Representatives Strom Peterson (D) and April Connors (R), the bill appears to transcend partisan divides. This broad support reflects a growing consensus that while the real estate industry must maintain flexibility in marketing strategies, the fundamental principle of public access to property information serves both consumer interests and market health. As Washington joins states like Wisconsin, which recently passed similar legislation effective January 2027, we may be witnessing the emergence of a new regulatory framework that balances the legitimate business needs of real estate professionals with the broader public interest in transparent, accessible housing markets.
