Compass Says Washington State’s Ban on Private Listings Doesn’t Forbid Its ‘Private Exclusives’

June 13, 2026 - 06:10

Compass has pushed back against concerns that a new Washington state law banning private listings will affect its business model. The real estate brokerage insists that its "Private Exclusives" and "Coming Soon" marketing strategies are fully compliant with the recently enacted legislation.

The law, which took effect in January, was designed to increase transparency in the housing market by prohibiting brokers from withholding listings from the public multiple listing service. Critics argued that private listings allowed agents to favor certain buyers, creating an uneven playing field.

However, Compass argues that its program operates within a legal gray area. The company says its Private Exclusives are not true off-market listings but rather a pre-marketing phase. In a statement, Compass noted that these properties are still actively marketed to a network of vetted buyers and agents, even if they are not immediately posted to the public MLS. The company maintains that this distinction keeps its practices within the bounds of the new rules.

The clarification comes as state regulators and real estate trade groups continue to debate the fine print of the ban. Some industry observers worry that large brokerages like Compass are finding loopholes to circumvent the spirit of the law. For now, Compass is standing firm, stating that its agents will continue to use the program as long as it remains legally sound. The company has advised its agents to document their marketing efforts carefully to ensure compliance.