The Legislature in Washington nearly unanimously passed a bill recently that would prohibit real estate brokers from marketing the sale or lease of residential real estate to an exclusive group. Senate Bill 6091 goes to the governor for final approval. He is expected to sign it.
If the bill becomes law, effective June 10, 2026, brokers advertising a home to an exclusive group of people must also market the home to the general public and all other brokers. The law only applies to brokers - not property owners who want to privately market their home, say, directly to a neighbor, without using a broker.
Some sellers argue they should be allowed to market their homes as they wish, including through private listings ("pocket listings" or "off market listings"). Others say this leaves the industry open to allegations of illegal discrimination and anti-competitiveness. Several states are considering the issue - Wisconsin, Illinois, Hawaii, and Connecticut.
The new Washington bill also contains an exception -- that allows a private listing if the health or safety of an owner requires it. For example, a survivor of domestic violence could be exempt, but brokers would need to document those reasons in transaction files.
A broker who violates the law could face consequences from the Washington State Department of Licensing, including revocation or suspension of their license and up to $500 per violation.
Zillow, NWMLS and the Washington Realtors, an affiliate of the National Association of Realtors, expressed relief that the bill passed, as what is best for consumers.
Alexis Weisend "Want to sell a WA home? Your broker can't keep it hush-hush" www.columbian.com (Mar. 09, 2026).
Commentary
Typically, a contractual agreement results when a seller engages a real estate agent to list and sell their property. The property is listed in the multiple listing service (MLS), a comprehensive database accessed by real estate agents and brokers to collaborate and share information about available homes. The result? Broad market reach and commission sharing among participating agents.
However, some brokers like the private or pocket listings, where the property is not in the MLS, so there is no agreement to collaborate with other real estate professionals. A single agent is the sole orchestrator of the sale, entitled to the full commission without sharing it with other brokers.
Stay current in your jurisdiction regarding any attempts by the legislature to amend the rights, duties, or powers of real estate agents. Different states have different rules. For example, pocket listings are legal in California but they must comply with regulations regarding transparency and disclosure as set out by the California Association of Realtors.
