Washington State has drawn the line for private listing networks. Other states should follow suit

When Washington State Governor Bob Ferguson signed Senate Bill 6091 Passed into law this week, banning the sale of homes to exclusive groups of buyers or real estate agents, he sent a clear message: transparency is important.

This bill did not arise from a political theory or an academic debate. It emerged from a real tension in the real estate sector: whether openness and equal access to stock market information remain core principles, or whether the market fragments into private networks that only benefit 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 tightly guard listing data and proprietary information, buyers and sellers in the U.S. have largely operated in a system where inventory and information is widely shared. This openness is not accidental; it is the basis of consumer confidence and fair market value.

In recent years, certain large national brokers have been pushing to expand private listing networks. These are exclusive, invite-only platforms that limit who can view or access homes for sale. These practices reduce exposure, limit competition and ultimately work against the people the real estate industry is intended to serve.

Consumers have been clear: they expect transparency. Buyers want to be confident that they are seeing the full range of available homes, and sellers want the assurance that their home will reach the widest possible audience. When transparency erodes, confidence in the system also decreases.

Washington State’s action was measured, targeted and bipartisan. Lawmakers on both sides recognized that the housing market functions best when information is widely shared and access is equal. This legislation simultaneously protects consumers without restricting legitimate off-market sales, allows homeowners to restrict access to their properties, and provides exemptions to ensure the safety and health of residents.

Few businesses 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 is more important than protecting market position or corporate profits.

Washington’s leadership should not be seen as an exception. It should be a blueprint. By reaffirming the importance of an open market, the state protected a system that has long served consumers well.

Other states should take note: Washington has not reinvented real estate. It protected one of his most important principles.

And it showed that progress is not always about building something new. Sometimes it’s about protecting what already works.

OB Jacobi is the co-president of Windermere Real Estate.