In January 2026, Washington State became the first to introduce legislation aimed at restricting “private listings” (also known as pocket listings or office exclusives) in the residential real estate market.

The proposed bill, SB 6091, seeks to move the debate from industry boardrooms and courtrooms into state law by mandating that properties marketed privately must also be made available to the general public.

Key provisions of SB 6091 in Washington include requiring concurrent public marketing if a property is marketed exclusively, allowing public marketing on platforms other than a Multiple Listing Service (MLS), providing exemptions for health or safety reasons, and classifying private marketing without concurrent public access as an “unfair practice”.

This follows a similar law in Wisconsin, which mandates public internet listings within one business day of an agreement. The government actions are part of a broader conflict over listings. Supporters argue private listings are “anti-consumer” as they limit options and prevent sellers from reaching the full market price, while critics contend these restrictions infringe on seller privacy and can negatively impact a home’s perception if it remains on the public market for too long.

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