SB 6091: Myths vs. Fact
As conversations about SB 6091 increase, we've heard some misconceptions circulating – and we know you may have too. To help clear any confusion, here are myths vs. fact addressing some inaccuracies we're hearing related to this bill:
- "SB 6091 seeks to mandate that all homes be bought and sold in the same way, but sellers and buyers have very different needs."
FALSE. SB 6091 requires public marketing of all residential housing opportunities. It does not require that the same marketing approach be applied to every listing. It also provides exceptions when necessary for the health or safety of the homeowner or occupant.
Public marketing will expose available properties to more buyers and decrease the likelihood that a single real estate firm will be paid on both sides of a commission, which is the true objection to the bill by some industry members.
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"Some want maximum exposure right away. Others value privacy and confidentiality over maximum exposure. This Bill particularly harms vulnerable groups like low-income and elderly citizens."
FALSE. If a vulnerable seller requires exclusive-only marketing because of health or safety concerns, the bill includes that exception. The bill does not mandate marketing requirements other than public marketing. Thus, if a seller wants to restrict showings to appointment only or in any other way, sellers are free to do so. Sellers are in the driver’s seat to determine the marketing they prefer, and no buyer will be excluded from knowledge of the property because they did not hire the “right” buyer’s agent. -
"By restricting the freedoms that exist for home sellers and buyers in every other state, SB 6091 removes the inherent rights of Washingtonians to choose how to buy and sell their homes."
FALSE. Washington leads the way in creating laws that protect the rights of real estate buyers and sellers and create transparency for consumers, even if contrary to real estate industry practices. Other states typically follow Washington’s lead. This was true in 1996 when Washington created the "Real Estate Brokerage Relationships” Act and recently, when Washington State mandated brokerage service agreements for all consumers before services are provided, when lifetime listings were banned, and when predatory buying programs like “We Buy Ugly Houses” were reigned in. -
"SB 6091 would harm seller and buyer choice and would not ameliorate the affordability issues that buyers face. It only stands to benefit out-of-town corporate interests that already take homes away from hard-working Washingtonians."
FALSE. SB 6091 ensures residential properties are marketed to the public and all real estate brokers rather than being limited to exclusive groups. This prevents discriminatory practices and ensures that all potential buyers, regardless of their background, have equal access to housing opportunities. As described above, sellers will determine their marketing approach, and buyers will be free to hire the real estate broker of their choice, or proceed without representation, while still maintaining access to information regarding available homes.
The bill will likely have no impact on affordability. The focus of this bill is ensuring equal access to housing opportunities for all hard-working Washingtonians and not just those who hire the real estate firm representing the seller. - "SB 6091 does nothing to advance fair housing. Instead, it strengthens already dominant platforms that use their market power to shape how homes are bought and sold in Washington for their own benefit and to the detriment of consumers. These practices are currently being challenged in federal court, and locking them into state law while those cases are pending would only reduce choice for Washingtonians."
FALSE. SB 6091 is demonstrably platform neutral. The bill does not require marketing through any specific platform but instead, allows sellers to select where and how the property will be marketed, so long as the property is marketed to the public and not just to an exclusive group of buyers or brokers.
The goal of SB 6091 is to promote transparency, fairness, and equal access in the residential real estate market. Consumers should have equal access to all available housing opportunities, regardless of which broker they choose to work with.