Renfrew Report… By Law you must see my home! But I am not going to let you see it! Senate Bill 6091
Washington’s “Open Market” Law: Clarity or Overreach?
By Arron Renfrew | Asset Manager | Renfrew Team | AUM Real Estate
There’s been a lot of buzz around what was formerly known as Senate Bill 6091—a bill that amends Washington’s real estate brokerage laws to require that properties listed for sale be marketed broadly to the general public.
At first glance, this sounds like a major shift.
But here’s the reality: in many ways, it’s not.
If you’ve been working in real estate in Washington for any meaningful amount of time—especially within the Northwest Multiple Listing Service—you already know this has essentially been the standard operating procedure. The NWMLS has long required broad, public-facing marketing for listed properties. So in practice, this “new” law feels more like the state codifying what already existed at the industry level.
So why does this matter?
Because while the law emphasizes broad marketing, it stops short of something critical:
It does not require sellers to allow buyers into their homes.
And that’s where things get interesting.
The Contradiction No One Is Talking About
On one hand, the state is saying:
“You must market your property to everyone.”
On the other hand, it’s also saying:
“You don’t actually have to let anyone see it.”
From a practical standpoint, that creates a disconnect.
Real estate is not a purely digital transaction. Photos, virtual tours, and marketing can only go so far. At some point, buyers need physical access to evaluate condition, layout, and livability. Without that access, “broad marketing” risks becoming more symbolic than functional.
What Happened to Private Property Rights?
This is where I think we need to have a more honest conversation.
As property owners, sellers have always had fundamental rights:
The right to control access to their property
The right to privacy
The right to decide how and when their home is shown
Those rights haven’t gone away—and this law doesn’t eliminate them.
But it does create pressure in a different direction.
By requiring broad public marketing, the state is indirectly influencing how a seller brings their property to market, even if it stops short of mandating physical access.
So the question becomes:
Are we moving toward a system where the government shapes how property is sold, even if it doesn’t fully control the property itself?
That’s a slippery slope worth paying attention to.
The Industry Reality
Let’s be honest—most sellers want maximum exposure.
They want:
More buyers
More competition
Higher sale prices
And broad marketing delivers that.
But there are legitimate scenarios where sellers may not want open access:
Tenant-occupied properties
Privacy concerns (high-profile individuals, safety issues)
Health considerations
Unique situations where controlled access is necessary
In those cases, limiting showings while still marketing broadly might be the most reasonable path forward.
My Take
From where I sit as an asset manager, this law feels like a solution looking for a problem.
The NWMLS already enforced broad marketing. The market already rewarded exposure. Brokers already understood their fiduciary duty to maximize seller outcomes.
So codifying this into law doesn’t fundamentally change behavior—it just adds another layer of regulation.
And when you combine that with the fact that sellers are still not required to allow access, you end up with a policy that feels… incomplete.
The Bottom Line
Washington’s updated brokerage law reinforces something we already knew:
Exposure matters.
But it also quietly reaffirms something just as important:
Property rights still matter too.
Sellers retain control over their homes. They can choose how much access to allow, even in a system that encourages broad visibility.
The tension between those two ideas—public access vs. private control—isn’t going away anytime soon.
And as this law plays out in the real world, I’ll be watching closely to see whether it truly improves transparency…
or simply adds complexity to a system that was already working.
If you’re a seller trying to navigate this new landscape—or a buyer wondering how it impacts your ability to compete—I’m always available to walk you through it.
Arron Renfrew
Asset Manager | Renfrew Team
AUM Real Estate
