Compass says Washington’s new law does not ban its “private exclusives.”

Real estate giant Compass has said that a strict new state law in Washington banning private listings will not apply to properties marketed through its network of agents as “Private Exclusives” or “Coming Soon.”

The new law that the Washington government has Bob Ferguson signed in March and came into effect on Thursday. It prohibits real estate agents from marketing real estate to an exclusive group of real estate agents or potential buyers unless the property is simultaneously marketed to the general public and all other real estate agents.

The law, known as SB 6091There is an exception for listings that could endanger the health or safety of the owner if sold to the general public.

Compass, the nation’s largest residential real estate broker, has built its brand in part on Compass’ appeal Private exclusive listingswhich the company’s marketing materials say will allow home sellers to “test price, gather insights and build anticipation before going public.”

The Compass website advertises a three-step process through which sellers can gradually gain exposure for their listings: Private Exclusives, which are shared through the Compass broker network; Coming Soon listings, which appear publicly on the Compass website and Redfin; and finally, traditional listings commonly seen on public websites.

In a statement to Realtor.com® Regarding Washington’s law, a Compass spokesperson said: “Compass Private Exclusives and Compass Coming Soons are fully compliant with the new law.”

The spokesperson explained that Compass Private Exclusives “are private online only” and that “consumers and brokers from other companies can visit the Compass offices to view them.”

Compass launched May 2025 a service which allows agents from other brokerage firms to visit a Compass office and browse a physical or digital book of Private Exclusives listings in that specific market.

“Washington’s new law preserves homeowners’ freedom of choice. It confirms that Washington homeowners can market their homes before listing them on the MLS or public portals,” the Compass spokesperson said, referring to the multiple listing service databases where homes are traditionally marketed. (Realtor.com obtains property listing information through direct partnerships with the various regional MLS providers.)

Asked about Compass’ interpretation of the new ban on private listings: Mike Faulka spokesperson for the Washington State Office of the Attorney General, said the AG does not provide legal analysis or advice to anyone other than government agencies, or through litigation.

“Since it’s a new law, there’s probably no case law on this specific policy in Washington that I can point you to,” he said.

Compass in legal battle with NWMLS

The legal change in Washington state comes as Compass is embroiled in a high-stakes civil lawsuit against the Northwest Multiple Listing Service, the MLS that covers parts of Washington and Oregon.

Compass filed the federal antitrust lawsuit in April 2025, alleging that NWMLS operates as a regional monopolist that controls nearly 100% of housing data in the Seattle area and uses its rules to stifle innovation and limit consumer choice.

The lawsuit specifically takes aim at NWMLS rules that require any home marketed by a member to be filed with the MLS within one business day, prohibiting “office exclusives” from later appearing on the MLS.

Compass claims that these rules illegally target its own marketing strategy, which relies heavily on Compass Private Exclusives.

A spokesperson for Compass told Realtor.com: “NWMLS rules conflict with state law requirements and are among the most restrictive in the country, limiting the marketing options available to homeowners that are widely available in other states.”

In court filings, NWMLS strongly rejects these allegations, stating that its rules are inherently pro-competitive because they ensure an open, transparent marketplace where all buyers and brokers have equal access to all listings.

In a counterclaim filed in April 2026, NWMLS accused Compass of executing a “deceptive scheme” intended to conceal its housing inventory from the general public. NWMLS claims that by “wiping the slate clean” when a property transitions from Private Exclusives to the active MLS, Compass artificially resets the property’s price history and time on market, concealing valuable information from potential buyers.

Compass denies these counterclaims. The lawsuit is currently proceeding through federal court.

For its part, the NWMLS actively supported SB 6091, Washington State’s ban on private listings.

“NWMLS has proudly advocated for market transparency for decades, with members sharing all listings with all agents and all consumers,” NWMLS CEO Justin Hague Realtor.com told in a statement.

“Senate Bill 6091 simply codifies that standard – ensuring that when a home is listed for sale, it is available to all buyers and all agents,” he added. “NWMLS members are already compliant with the new law because our existing rules reflect a long-standing commitment to full transparency and equal access to listings. The NWMLS rules and the new law ensure an open, fair, and inclusive housing marketplace that promotes competition and fair housing.”