SB 6091 took effect June 11, 2026. It requires that residential real estate marketed to a limited or exclusive group of buyers or brokers be concurrently marketed to the general public and all other brokers, with an exception where limited marketing is reasonably necessary to protect the health or safety of the owner or occupant. This page describes what it requires and where a record of the seller's decision fits.
Updated October 17, 2026
The short version. Since June 11, 2026, a Washington broker may not market residential real estate to a limited or exclusive group unless the property 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. There is no signed-form path based on seller preference. A violation is a violation of RCW 18.85.361, which the Department of Licensing may investigate and discipline. A documented listing decision records what the seller was shown and chose; it complements any required forms and is not a finding that an exception applies. The Listing Strategy Decision Record (LSDR) is one tool built to produce one.
The operative rule is that 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 of them, unless the property is concurrently marketed to the general public and all other brokers. Washington Realtors' summary says the law allows no interval between a broker's private and public marketing and applies to all brokers regardless of MLS affiliation. The law governs marketing, not physical access to the home.
The exception covers limited marketing that is reasonably necessary to protect the health or safety of the owner or occupant. Whether it applies to a given listing is a fact-based question for the broker and counsel, and the exception is not a preference-based option. A record of a seller's stated concern can sit alongside that analysis. It is not a finding that the exception is met.
Characterizations differ. The Senate bill report describes the law as not banning private marketing but ensuring concurrent public marketing, and notes it does not mandate how public marketing must occur. How the law applies to phased or pre-marketing programs is contested in the market. Northwest MLS has long required that listings be shared with all brokers and consumers. Review any marketing program with counsel before relying on a reading of the law.
In Washington there are fewer choices to document than in opt-out states, but the decision still exists. A documented listing decision records what the seller was shown, what mattered to the seller, the seller's stated reason, and what the seller chose, with the signatures of the seller, the listing agent, and the broker, and a defined fallback trigger where marketing is restricted. That can include a seller's request for limited marketing and what the broker explained about the law.
Where the LSDR fits
The LSDR is one tool built to produce a documented listing decision. It records the decision only; execution and outcomes are documented separately. It complements any required forms, does not replace them, and is not legal advice. It does not tell you whether a given practice satisfies SB 6091 or whether the exception applies. It is published by LTC Capital, LLC, which shares common ownership with The Cyr Team.
A violation is a violation of RCW 18.85.361, which the Washington Department of Licensing may investigate and discipline. Confirm the available sanctions and procedures in the statute. State and federal anti-discrimination law applies to marketing practices independently of SB 6091.
Washington requires concurrent public marketing of any limited-group marketing, with a health-or-safety exception and no preference-based opt-out. Wisconsin, Connecticut, and New York use an opt-out model. The state-by-state reference compares all four.
When did Washington's SB 6091 take effect?
June 11, 2026, so it is in effect. Governor Bob Ferguson signed the bill in March 2026. Confirm current requirements and any guidance with counsel.
What does SB 6091 require?
A broker may not market the sale or lease of residential real estate to a limited or exclusive group of prospective buyers or brokers unless the property 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. Washington Realtors' summary says the law allows no interval between a broker's private and public marketing and applies regardless of the broker's MLS affiliation.
Is there an opt-out for a seller who prefers privacy?
The law has no signed-form path based on seller preference. Its stated exception is limited marketing that is reasonably necessary to protect the health or safety of the owner or occupant. Whether that exception applies to a given listing is a fact-based question for the broker and counsel.
Is SB 6091 a ban on private marketing?
Characterizations differ. The Senate bill report describes the law as not banning private marketing but ensuring concurrent public marketing, and the report notes the law does not mandate how public marketing must occur. How the law applies to phased or pre-marketing programs is contested, so review any such program with counsel.
What are the penalties for violating SB 6091?
A violation is treated as a violation of RCW 18.85.361, which the Washington Department of Licensing may investigate and discipline. Confirm the available sanctions and procedures in the statute and with counsel.
Where does the Listing Strategy Decision Record fit?
A documented listing decision records what the seller was shown, what mattered to the seller, and what the seller chose. In Washington that can include a seller's request for limited marketing and what the broker explained about the law. Where a seller identifies a health or safety concern, the record can capture the concern the seller states; it is not a finding that the exception applies. The Listing Strategy Decision Record (LSDR) is one tool built to produce one. It records the decision only, complements any required forms, and is not legal advice.
The LSDR is licensed per agent and configured to your brokerage, your MLS, and your stated practices. It pairs with whichever state-required form applies to your seller.
Start configuration → See pricing →Sources. Connecticut Public Act 26-23 (SB 340, signed May 27, 2026; effective October 1, 2026). Reporting from Real Estate News, RISMedia, and HousingWire. This page is a summary for informational purposes only and does not constitute legal advice. Confirm statutory text, forms, and penalties with the statute and with counsel.