Private listing networks are once again under the spotlight, this time drawing fire from consumer advocates who say the practice restricts market access and tilts the playing field in favor of large brokerages. In an April 14 statement, the Consumer Policy Center (CPC) called on the U.S. Department of Justice to investigate how these networks — often referred to as “office exclusives” — may be enabling anticompetitive behavior. The CPC highlighted Compass specifically, citing its push to privately market listings early and selectively, in ways that may reduce competition and limit consumer choice.
According to the CPC report, Compass has made clear its intent to market new listings aggressively and without restraint while still maintaining access to the major real estate portals — like Zillow, Redfin, and Realtor.com — if a buyer isn’t found through its internal network. The report describes a concerning pattern where listings are publicly marketed through signs, emails, or social media, yet withheld from the MLS. Experts cited in the report say this creates a two-tier system: listings are first offered to in-house agents or select brokers, and only later — if needed — opened up to the wider marketplace. The CPC argues that this limits transparency and could lower sale prices by reducing the pool of potential buyers.
CPC fellow Wendy Gilch cautioned that while a small subset of sellers may benefit from private listings, most are being sold short — often without realizing the full implications. She warned that the practice can extend time on market and reduce final sale price, all while benefiting the listing brokerage. CPC senior fellow Stephen Brobeck went further, suggesting the approach could warrant antitrust scrutiny, and urged the DOJ to take a closer look at how some big brokerages are using private networks to dominate markets. As the CPC sees it, this is less about privacy and more about power — and the stakes, for buyers and sellers alike, are too high to ignore.