Windermere Real Estate is introducing an optional addendum to purchase and sale agreements wherein sellers can attest that they did not publicly or privately market their home before listing it on the MLS.

Specifically, the addendum will include language related to days on market and price changes that occurred prior to formal listing or marketing to competing brokerages.

Windermere’s transparency addendum is available to agents and brokers across the country.

“People routinely use tools like Carfax before purchasing a car because they want to better understand the vehicle’s history,” Windermere Co-President OB Jacobi said in a press release. “A home purchase is exponentially more significant than buying a car … If consumers expect transparency and historical context when buying a car, it’s reasonable to believe they would want similar clarity when buying a home.”

The news of the development coincides with the enactment of Senate Bill 6091, which goes into effect on June 11 and dictates that brokers cannot market homes to limited or exclusive groups unless they also market to the general public.

“Both buyers and sellers have a right to make informed choices and to trust that their agents are acting in their best interests with reasonable diligence and care,” Jacobi said.

“Agents have a fiduciary duty to advocate for their clients’ interests,” added Lucy Wood, regional director for western Washington and Oregon. “That responsibility shouldn’t get lost amid broader industry shifts. Consumers deserve clear information, thoughtful counsel and confidence that every recommendation is being made with their goals — not outside pressures — in mind.”

While the language of SB 6091 already bans private real estate marketing, a Windermere spokesperson added that its addendum “provides an additional layer of protection” while the law is new.

The legislation is, of course, already causing confusion in Washington as the two major brokerages in the area broadcast differing interpretations.

“The new Washington law preserves homeowner choice. It affirms that homeowners in Washington can market their homes before listing them on the MLS or public portals,” a Compass spokesperson told Seattle Agent. “Compass Private Exclusives and Compass Coming Soons are fully compliant with the new law. By contrast, NWMLS rules violate state law requirements and are among the most restrictive in the country, limiting the marketing options available to homeowners that are widely available in other states.”