When Washington State Governor Bob Ferguson signed Senate Bill 6091 into law this week, banning the marketing of residential properties to exclusive groups of buyers or brokers, he sent a clear message: Transparency matters.
This bill didn’t emerge from political theory or academic debate. It arose from a real tension in the real estate industry: Whether openness and equal access to listing information remain core principles, or whether the market fragments into private networks that benefit only a select few.
For decades, residential real estate has functioned as one of the most open marketplaces in America — and the world. Unlike many countries that fiercely guard listing data and property information, buyers and sellers in the U.S. have largely operated in a system where inventory and information are broadly shared. That openness isn’t accidental; it’s the foundation of consumer trust and fair market value.
In recent years, certain large national brokerages have pushed to expand private listing networks, which are exclusive, invitation-only platforms that limit who can view or access homes for sale. These practices reduce exposure, restrict competition, and ultimately, work against the very people the real estate industry is meant to serve.
Consumers have been clear: they expect transparency. Buyers want confidence they’re seeing the full range of homes available, and sellers want assurance their property is reaching the widest possible audience. When transparency erodes, so does trust in the system.
Washington State’s action was measured, purposeful and bipartisan. Lawmakers on both sides recognized that the housing market functions best when information is broadly shared and access is equal. This legislation simultaneously protects consumers without restricting legitimate off-market sales, allows homeowners to limit access to their property, and provides exemptions to safeguard occupants’ safety or health.
Few companies stand to lose more from this law than Windermere. With the largest market share in Washington, private listing networks could have worked to our advantage. We supported the legislation anyway — because protecting transparency matters more than protecting market position or company profits.
Washington’s leadership should not be seen as an exception. It should be a blueprint. By reaffirming the importance of an open marketplace, the state protected a system that has long served consumers well.
Other states should take note: Washington didn’t reinvent real estate. It safeguarded one of its most important principles.
And in doing so, it demonstrated that progress isn’t always about building something new. Sometimes it’s about protecting what already works.
OB Jacobi is the co-president of Windermere Real Estate.
