LivingMarket News March 16, 2026

The Housing Market Works Best in the Open. Washington Just Proved It.

When Washington State Governor Bob Ferguson signed Senate Bill 6091 into law today, 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. SB 6091 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 to us 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 represents the second generation of leadership at Windermere Real Estate, founded by his father, John Jacobi, in Seattle in 1972, and now the largest regional real estate company in the Western United States, with more than 6,000 agents and 300 offices across nine states and Mexico.

MoreWestern Washington Real Estate Market Update April 9, 2025

A Wolf in Sheep’s Clothing

I have had the privilege of being part of this amazing industry for most of my life; but there was a time when residential real estate was synonymous with marginalizing people by using “secretive” policies, such as redlining, racial steering, and other forms of manipulation and discrimination.  

In the late 1960s, Fair Housing Act legislation brought these practices to light, and we have come a long way since what were clearly the “bad old days” of real estate—a time when elitism ruled the day.  

While we clearly have a very long way to go, our industry has made great efforts to move towards fairness and transparency, and I am proud of the fact that my dad, John Jacobi – founder of Windermere Real Estate – and his fellow real estate leaders in the Seattle area, were instrumental in helping to eliminate such tactics by cooperating with each other to share real time listing information.  In fact, our region was the first in the country to do so via the Northwest Multiple Listing Service.

Yet now, at a time of great transition in our industry, one brokerage is advocating to transport us back by decades—all for their interests, and their interests only. Under the guise of ‘seller choice,’ Compass has begun building a private network where it controls both buyer and seller. If there was ever a policy that was a “wolf in sheep’s clothing”, a private listing network is exactly that. 

Secrecy brought our industry to a low point when only a select number of brokerages and their agents controlled the inventory and, in the process, managed to avoid transparency. Transparency creates accountability as business is conducted in the open. In a private listing network like Compass is building, you lack accountability – exponentially increasing the opportunities for mishandling and abuse. If one is wealthy and has influence, they can get themselves to the front of the line. It returns us to a caste system of real estate, where a small, elite group have privileges while everyone else is on the outside looking in.   

I am not implying that there aren’t sellers who need or want to keep their homes from being publicly marketed. There are absolutely instances when that is a necessity, but rules are already firmly in place to do so. For example, in the Northwest Multiple Listing Service*, you can list a home without revealing the seller or their address; sellers control how their home is marketed and can even opt not to have signage or a lockbox. In this instance, if a buyer is interested, their agent must work with the seller’s agent to schedule a private showing.  

Even the National Association of Realtors (NAR), which has plenty of issues of its own, has given its MLS’s the ability to choose when to ultimately list a home. 

However, to make a private listing network the norm is beyond a terrible idea. Private listing networks only support the brokerage that controls the listing, and the seller is at the brokerage’s mercy to market the property. This scenario also removes relevant information that buyers rely on to make informed decisions, forcing them to drive blindly through the process. Furthermore, sellers lose valuable time because no one else is being given the opportunity to look at their home, and the buyers will have little access to – or information about – the true available inventory. And the claims by Compass that homes sell for more in their private network? It’s all smoke and mirrors as study after study has shown.  

Recognizing resistance to such a self-serving idea, Compass is threatening any MLS or brokerage that stands in its way. Again, under the guise of ‘seller choice,’ this company is working to bully the industry and bend everyone to its will. And the reason behind it is simple: money and control. Make no mistake, that’s all this is about.   

Private listing networks create a “them and us” situation within the home-buying and home-selling world – something our industry has fought hard to eliminate. Think about the consequences of limiting access to inventory through just one organization. They are, quite frankly, terrifying. 

Like an old-fashioned schoolyard bully, Compass has decided that the most effective way to address its damaged bottom line is through intimidation. It is terribly sad that one company’s blind ambition is working to set our industry back decades. 

In short, there is nothing noble about what Compass is trying to do to the residential real estate industry. This will benefit them, and them only, hurting everyone else. 

*The Northwest Multiple Listing Service (NWMLS) operates separately from the National Association of Realtors (NAR). 

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Change is afoot. We suppose it always is, but doesn’t it all seem to come at us so much faster in today’s world? We see change all around us. Just consider, for a moment, how much technology has changed our lives thanks to innovators like Uber, Google, and Apple, to name a few. Technology has also changed the way we do real estate.

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Buying January 6, 2015

2015 Is the Year Millennials Start Buying Homes

According to Bloomberg Businessweek, OB Jacobi, president of Windermere Real Estate, says that “this is going to be the year they start buying homes.” Economists and real estate agents agree, saying that 2015 will be a turning point for millennials, which could potentially put an even tighter squeeze on the already tight market.