
Washington State is edging closer to becoming the next battleground in the US private listings war, with lawmakers introducing legislation that would significantly restrict how homes can be marketed off-market.
Backed by Washington Realtors, a new proposed Senate bill would require residential properties that are marketed selectively (i.e. privately) to also be made publicly accessible “in some way, shape or form.” While it stops short of mandating MLS participation, the bill is a clear shot across the bow of brokerages, like Compass, pushing office exclusives and pre-marketing strategies.
The trade body insists the motivation is consumer protection rather than platform politics.
“The ultimate goal is being as consumer-friendly as humanly possible for anybody trying to buy or sell real property,” said Ryan Beckett, Washington Realtors’ 2026 president. “When we keep having these conversations about private listing networks, we recognize that it really is at odds with that concept.”
Crucially, the bill is deliberately platform-neutral. Public marketing could be as minimal as posting a listing on an agent’s own website. “We’re not telling you you have to have it in the MLS. We’re not giving parameters other than saying it does need to be publicly available to the community,” Beckett added.
That softer approach still places the proposal firmly in the orbit of a much louder national fight. Zillow, headquartered in the same state as the bill's authors, has been the most aggressive opponent of private listings, banning any property not shared with public portals within 24 hours. Compass, the largest US brokerage by transaction volume, is suing Zillow and Northwest MLS, arguing those rules are anti-competitive and threaten its business model.
Compass has already framed the Washington bill as more of the same. “This bill is a veiled attempt by NWMLS and Zillow to preserve their market dominance by restricting homeowner choice and limiting competition, to the detriment of sellers and agents alike,” a Compass spokesperson said.
Zillow has publicly welcomed the proposal without admitting or denying any involvement in its creation, stating that “hidden listings worsen the housing affordability crisis” and that transparency benefits buyers, sellers and smaller brokerages alike.
The legislation includes carve-outs for health, safety and confidentiality concerns, and mirrors similar moves elsewhere. Wisconsin passed comparable legislation last month, due to take effect in 2027, while Illinois lawmakers explored a Zillow-backed version last year.
For Zillow and Compass, Washington State may be just one jurisdiction, but the implications stretch far wider. If codified, it could offer a legislative template for a debate that has so far been fought through MLS rules, lawsuits and press releases.