Compass has reached a settlement with the Northwest Multiple Listing Service (NWMLS) that will allow Washington state homeowners and their real estate brokers to use phased marketing strategies such as “coming soon” listings without facing NWMLS fines, the company announced Monday.
The agreement settling the April 2025 antitrust lawsuit, which will become effective in stages beginning Sept. 4, 2026, unwinds several long-standing NWMLS rules that restricted how properties could be marketed prior to full listing status. It gives listing brokers and their seller clients more flexibility to tailor marketing strategies, aligning NWMLS practices more closely with Washington state law on seller control and broker duties.
‘First Look’ coming soon status launches Sept. 4
Starting Sept. 4, NWMLS will introduce a new “First Look” status that functions as a coming soon listing option. Under this status, sellers can publicly market their properties without triggering days on market or public price history and without having buyer inquiries diverted away from the listing broker, according to Compass.
Compass said the structure is intended to let sellers generate early interest, gather buyer feedback and test pricing while avoiding negative public signals such as visible price drops or extended days on market in listing feeds.
“Our original objective in taking legal action against the NWMLS has been fully realized,” Robert Reffkin, chairman and CEO of Compass International Holdings, said in the announcement. “We brought this lawsuit on a fundamental principle: homeowners deserve the absolute right to control how their properties are marketed, and real estate brokers should never face fines from NWMLS simply for following their client’s lawful instructions which in Washington State is their Statutory Duty.”
Reffkin said Compass “invested millions” in the case to secure protections for sellers and brokers, characterizing MLS rulemaking among competing brokerages as raising antitrust concerns when it limits how firms can compete on marketing services.
According to NWMLS, every property submitted in the First Look status must be timely submitted to NWMLS and accessible to all 30,000+ member brokers. Properties may remain in this status for 21 days, during which time they may be publicly marketed. Sellers may choose to allow showings during this time, as well as if they want the property included in IDX feeds. Additionally, while statistics like days on market and price history that accrued during the First Look period will not be shown on public sites after the listing goes active, this data will remain available in the internal NWMLS database. NWMLS said this will ensure member brokers and their clients will have access to that information.
“Northwest MLS has always provided seller flexibility within an open, transparent marketplace, and our rules are constantly evolving to meet changing consumer expectations,” Justin Haag, the president and CEO of Northwest MLS, said in a statement. “We are giving sellers the flexibility they desire when preparing a home for market, while steadfastly protecting buyers from private networks. Simply put, First Look modernizes the pre-launch preparation process, while ensuring an open marketplace and fair competition, in full compliance with Washington State’s open-market laws.”
Changes to portal displays and listing photos by Oct. 15
By Oct. 15, 2026, NWMLS will require all portals and real estate websites using its data to clearly and prominently show the name and contact information of the listing broker or agent. According to Compass, that information must appear in font size and color at least as prominent as any call to action, “contact broker” or “schedule tour” buttons and must be placed directly next to any such button.
Compass said this shift is aimed at reducing consumer confusion on large portals that often route inquiries to agents who are not the listing broker. For listing agents, it could increase direct lead flow and improve attribution for their marketing investments.
Also by Oct. 15, NWMLS will stop applying its watermark to listing photos. Compass said the change is intended to preserve photo quality and prevent NWMLS from appearing to take credit for photography created and paid for by listing brokers and their clients. High-quality visuals have become a core component of listing marketing, particularly in higher price segments and competitive neighborhoods.
Equal rule enforcement and limits on MLS-policed ‘state law’
As part of the settlement, NWMLS also agreed to apply its rules uniformly across all member brokerages in Washington. Compass said this provision is meant to ensure its brokers and clients receive the same benefits and treatment as other firms and are not subject to selective enforcement.
Additionally, NWMLS agreed it will not take disciplinary or other action against Compass or its real estate professionals under the banner of “enforcing state law.” Compass emphasized in its announcement that NWMLS is a private entity, not a government regulator, and that disputes over statutory interpretation should not result in MLS fines when brokers are following lawful client instructions.
The agreement further clarifies that sellers with privacy, security, health or safety concerns can choose to market their homes in ways that reflect those needs, as allowed by state law. NWMLS “will not micromanage, investigate, or otherwise challenge a seller’s choice” to use that flexibility, according to Compass.
Data access for broker platforms by Nov. 15
By Nov. 15, 2026, NWMLS will provide broker platforms with additional data fields and supplements that Compass says are necessary for brokers to manage transactions from a single system. These include legal descriptions and common transaction-related forms and supplements such as FIRPTA, Form 22K, Form 22J, preliminary title, surveys and maps, and resale certificates, unless disclosure is legally prohibited.
The change is designed to reduce the need for brokers to toggle across multiple systems to obtain key information and documents. Consolidated access can streamline compliance, improve document management and reduce the risk of errors or missed disclosures, particularly in higher-volume operations.
Broader implications for MLS policy
The Compass-NWMLS settlement underscores the growing pressure on MLSs to revisit rules that affect marketing freedom, data control and consumer visibility into who represents a listing. While the agreement is specific to Washington state, similar legal and competitive dynamics are unfolding in other markets.
For brokerage owners, team leaders and independent agents, the settlement highlights two strategic considerations:
- MLS rule structures can materially influence lead generation, marketing strategies and how value is communicated to sellers
- Regulatory and legal outcomes are likely to keep reshaping listing policies, data feeds and portal relationships over the next several years
Compass framed the outcome as a model for how MLSs can refocus on distributing listings when sellers choose to use them, without dictating the competitive landscape for marketing services. How other MLSs respond to similar pressures will be a key factor in the evolution of listing and marketing practices nationwide.
Compass first filed this lawsuit in April 2025, in which it claimed NWMLS was a “monopolist.” The brokerage alleged that NWMLS’s listing policy, which did not allow for office exclusive listings, was harming Compass as it prevented the firm from using its three-phased listing strategy.