In January 2026, lawmakers in Washington State introduced legislation to significantly restrict private listings (also known as “pocket listings” or “office exclusives”) in the residential real estate market.

Key Details of the Legislation

The Mandate: The proposed bill, SB 6091, would require any residential property marketed to a limited or exclusive group of buyers or brokers to also be marketed to the general public simultaneously.
“Concurrent” Requirement: Unlike some industry rules that allow a short grace period, this bill requires “concurrent” public marketing. If a broker markets a home privately at all, they must immediately make it available to the public and all other licensees.
Platform Neutrality: The bill does not mandate that homes be listed on a Multiple Listing Service (MLS). Public marketing can be satisfied by posting the listing on a brokerage’s own public website or other accessible internet platforms.
Legal Standing: The legislation proposes defining private listings without concurrent public marketing as an “unfair practice” under real estate licensing laws and Washington’s Law Against Discrimination.
Safety Exemptions: A narrow carve-out exists for cases where public marketing would “unreasonably endanger the health or safety of the owner or occupant,” such as for domestic violence survivors or high-profile individuals.

Support and Opposition

Sponsors: The bill has strong bipartisan support, with sponsors including Senators Marko Liias (D), Chris Gildon (R), and John Braun (R).
Backing: The Washington Realtors association and Zillow (which is headquartered in Seattle) are primary supporters, arguing the bill promotes market transparency and fair housing.
Opposition: Brokerages that rely heavily on private listings for “pre-marketing” or high-end exclusivity, such as Compass, have criticized similar industry rules and are currently in litigation with Zillow over these practices.

Boston Condos for Sale and the Bottom Line

Boston Condo buyers do you think we should follow suit here in Boston, Massachusetts? It will make your searches a lot easier.

Washington is following a trend set by Wisconsin, which recently passed a similar law set to take effect in January 2027. These legislative moves aim to codify listing transparency into state law rather than relying on the internal policies of trade associations like the National Association of Realtors (NAR).