Ensuring Public Availability of Residential Listings

The new law will prohibit real estate brokers from marketing residential properties to an exclusive or limited group of prospective buyers or real estate brokers, unless the residential property is concurrently marketed to the general public and all other real estate brokers, except as reasonably necessary to protect the health or safety of the owner or occupant.

This proposed legislation promotes transparency, fairness, and equal access in the residential real estate market. It ensures that the marketing of residential properties is available to all consumers and all brokers, rather than an exclusive group of buyers and brokers, which will foster equal opportunities for all buyers, aligning with anti-discrimination laws. 

• Brokers may not market residential properties to exclusive groups unless the property is also marketed to the general public and all other Washington real estate licensees. 
• Violation of the law will be a violation of RCW 18.85.361, that the Department of Licensing may investigate and discipline. 
• The pamphlet provided to buyers and sellers will include information about the requirement to market properties publicly, rather than only to exclusive groups.
  

Yes, limited marketing is allowed only if reasonably necessary to protect the health or safety of the owner or occupant of the property. ​ 

The availability of nearly all residential properties for sale or rent will be marketed to all Washington brokers, giving brokers and their clients equal information regarding housing opportunities. As is common practice today, so long as the property is publicly marketed, brokers can use targeted marketing practices for specific brokers and potential buyers.

Existing NAR policy is more lenient with respect to exclusionary listings.  If the bill becomes law, Washington law will control and all residential listings for rent or sale will have to be marketed publicly, except if reasonably necessary to protect the health or safety of the owner or occupant of the property.  The law will apply equally to all brokers, regardless of the broker’s MLS affiliation.

No.  Public marketing of a listing, including marketing to all brokers, is required if a broker engages in any marketing of the listing.  The law would not allow any interval between broker’s private and public marketing.

Sellers can expect their properties to be marketed broadly, ensuring that all potential buyers and brokers are aware of the opportunity.  Sellers will also be aware of all other properties on the market.  Sellers will retain many choices regarding a variety of marketing options and maintain control over all other aspects of the listing including signage, photos, property showings, open houses, key boxes, access, etc. 

Buyers will have an equal opportunity to become aware of the availability of all residential listings, reducing the risk of exclusion from certain properties. This allows buyers to hire the broker of their choice, promoting competition among brokers based on price and service, rather than access to available properties.

The legislation reinforces existing anti-discrimination laws by ensuring that marketing practices do not exclude potential buyers or brokers.

Yes. Real estate brokers may not market residential rental properties to a limited or exclusive group of prospective tenants or brokers unless the property is also marketed to the general public and all other brokers.  Again, an exception is available if limited marketing is reasonably necessary to protect the health or safety of the owner or occupant. 

Violations of the law will be violations of RCW 18.85.361, which may result in penalties or disciplinary actions enforced by the Washington State Department of Licensing.