On June 11, 2026, Washington’s Agency Law will be updated to:
“A broker may not market the sale or lease of residential real estate to a limited or exclusive group of prospective buyers or brokers, or any combination thereof, unless the real estate is concurrently marketed to the general public and all other brokers, except as reasonably necessary to protect the health or safety of the owner or occupant. Marketing to the general public does not require an owner to allow access onto the residential real estate or into the residence.”
 
In other words, this means that a property needs to be listed in the broker’s MLS before or at the same time that a broker discusses availability of the property with potential buyers or tenants, other brokers or promotes availability of the property in any other way. Beginning June 11, pre-marketing and/or marketing to a limited or exclusive list will be violation of the law.
 
Jennifer Gilbert-Smith has supported the passage of this new legislation and looks forward to the fair housing market this will establish in Washington state. It’s most fair for all buyers to have access to all properties for sale at the same time and be able to contact a licensed real estate broker of their choice.