Brokerage giant Compass has said that a strict new Washington state law that prohibits private listings does not apply to properties marketed across its network of agents as “Private Exclusives” or “Coming Soon.”
The new law, which Washington Gov. Bob Ferguson signed in March, took effect on Thursday. It prohibits real estate brokers from marketing properties to an exclusive group of brokers or prospective buyers, unless the property is concurrently marketed to the general public and all other brokers.
The law, known as SB 6091, carries an exception for listings that could threaten the owner’s health or safety if marketed to the general public.
Compass, the largest residential real estate broker in the country, has built its brand in part on the appeal of Private Exclusives listings, which the company’s marketing materials say allow home sellers to “test price, gather insights, and build anticipation before going public.”
The Compass website advertises a three-step process for sellers to gain gradual exposure for their listings: Private Exclusives, which are shared across the Compass brokerage network; Coming Soon listings, which appear publicly on the Compass website and Redfin; and finally, traditional listings seen widely on public websites.
In a statement to Realtor.com® regarding the Washington 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 only private online” and that “consumers and real estate agents from other firms can visit Compass offices to see them.”
Compass in May 2025 launched a service that allows agents from any other brokerage to visit a Compass office and browse a physical or digital book containing the Private Exclusives listings in that specific market.
“The new Washington law preserves homeowner choice. It affirms that homeowners in Washington 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 home listing information through direct partnerships with the various regional MLS providers.)
Asked about Compass’ interpretation of the new private listings ban, Mike Faulk, a spokesman for the Washington State Office of the Attorney General, said the AG does not provide legal analysis or opinions to anyone other than state agencies, or through litigation.
“Since it’s a new law, there’s presumably not any case law on this specific policy in Washington I can point you to either,” he said.
Compass in legal battle with NWMLS
The legal change in Washington state comes as Compass is locked in a high-stakes civil lawsuit with 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 controlling nearly 100% of Seattle-area housing data, using its rules to suppress innovation and limit consumer choices.
The lawsuit specifically targets NWMLS rules that require any home marketed by a member to be submitted to the MLS within one business day, banning “office exclusives” from later appearing on the MLS.
Compass claims these rules illegally target its proprietary marketing strategy, which relies heavily on Compass Private Exclusives.
A Compass spokesperson told Realtor.com: “NWMLS rules violate 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, maintaining 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” designed to conceal housing inventory from the general public. NWMLS alleges 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 the market, hiding valuable information from prospective buyers.
Compass denies those counterclaims. The litigation is currently moving through federal court.
For its part, NWMLS actively supported SB 6091, the Washington state ban on private listings.
“NWMLS has proudly championed market transparency for decades, with members sharing all listings with all brokers and all consumers,” NWMLS CEO Justin Haag told Realtor.com in a statement.
“Senate Bill 6091 simply codifies that standard—ensuring that when a home is marketed for sale, it is available to all buyers and all brokers,” he added. “NWMLS members already comply with the new law, as our existing rules reflect a longstanding commitment to full transparency and equal access to listings. NWMLS rules and the new law ensure an open, fair, and comprehensive marketplace for residential properties that promotes competition and fair housing.”
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