A new Washington state law, SB 6091, now requires broad public marketing of residential listings, with only a narrow health or safety exception for sellers. The legislation directly challenges the growing practice of private listings, which industry participants warn can limit buyer reach and weaken price discovery.
EXp and NextHome have publicly declared that the private listings war is here. Pareja and Dwiggins of eXp argue that consolidation and private listings threaten access to multiple listing services, prompting eXp to expand its distribution network and invest in AI-powered search readiness.
While private listings can offer sellers discretion, an op-ed in HousingWire warns they also increase the risk of conflicts for agents and may result in lower sale prices by restricting the pool of potential buyers. The practice effectively bypasses the open-market exposure that MLS systems provide.
The tension is now playing out on multiple fronts: legislative action in Washington, strategic positioning by major brokerages, and ongoing debate over whether private listings serve seller interests or undermine market efficiency.