Private Listings: A Risky Move as Buyer Demand Shifts

Private Listings - Hidden from the Market

As the real estate market tips slowly toward a buyer’s market, it’s time for a serious gut-check on the rise of private or “exclusive” listings. Damian Eales, CEO of Realtor.com, hit this issue head-on in an Op-Ed yesterday, calling out what he sees as a growing and dangerous trend: the quiet erosion of transparency and competition in the U.S. housing market.

According to Eales, “Selling a secret is no way to start a bidding war and will surely result in shortchanged sellers.” I have to agree. The data doesn’t lie—more eyeballs mean more competition, and more competition typically means better offers.

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State Regulators Are Watching: Private Listings May Carry Big Risk for Agents

Private listing networks and state real estate license regulators - ARELLO

While the industry debates Clear Cooperation, buyer comp rules, and MLS policy shifts, state real estate regulators — the ones with enforcement power — are quietly stepping in.

In a recent post on her blog, former California DRE investigator and real estate compliance consultant Summer Goralik sounded the alarm: Private listings are drawing increased scrutiny, and state agencies are preparing to act.

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Report Warns Private Listings Undermine Competition — DOJ Urged to Step In

Private Listing Networks under fire

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.

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