Whisper Listings Spark Debate Over Fairness in Co-op and Condo Sales

HABITAT Magazine

They’re called whisper listings — co-ops and condos and other homes available for sale only to those in the know, before they’re added to a public multiple listing service, known as an MLS.

One brokerage, Compass, has taken the concept to a new level, Crain’s reports. The brokerage has rolled out a curated, Compass-brokers-only website that potentially allows the brokerage to keep the buyer- and seller-side brokers’ fees in-house. Compass says the program is intended to give homebuyers and -sellers a lift in a tight housing market. Prospective buyers can bid without being muscled aside by as many competitors, while sellers can tweak pricing without coming across to the general public as desperate.

Critics see whisper listings a bit differently.

“Let’s be clear,” Brown Harris Stevens CEO Bess Freedman writes in the website Inman. “Any brokerage that advocates for only marketing listings internally is not putting the client’s interests first, but rather it is an attempt to pad its own pockets. Private listings minimize competition for the client.”

But Rory Golod, president of growth and communications at Compass, says the program helps ensure fairness for sellers by preventing them from having to combat the impression that if the asking price for their home has been lowered, or if the property has been on the market for a long time, then it is of low quality or somehow less desirable.

According to a recent Compass filing with the Securities and Exchange Commission, the so-called private exclusives program is designed to test prices, obtain industry insights and generate early buzz before a property is added to an MLS. The brokerage contends that private listings help sellers avoid having “negative insights” about their homes, namely data on price drops and days on the market, published online and available to prospective buyers.

Of the roughly 2,300 listings in New York City for which Compass alone was the marketing agent, about 500 were cordoned off in mid-March as private exclusives, according to a Crain’s analysis of the brokerage’s data. Of those, 370 involved co-ops, condos or townhouses in Manhattan, the borough Compass focuses on the most.

Among the opponents to whisper listings, unsurprisingly, is StreetEasy, the popular Zillow-owned data service that relies on open listings. “StreetEasy believes in fair, transparent and equal access to real estate information, and is staunchly against anything that prevents it,” says StreetEasy General Manager Caroline Burton. “Hiding listings from the public — especially in a market like New York, which faces the biggest housing shortage in the country — not only exacerbates this issue, but puts buyers, sellers and agents at an extreme disadvantage.”

Community Associations on the Rise in 2023

Ashok Chaluvadi National Association of Homebuilders

In 2023, 64.8% of all new single-family homes started were built within a community or homeowner’s association. This share increased from the 62.6% recorded in 2022, according to data tabulated from the Census Bureau’s Survey of Construction (SOC). This marks the third highest share since the beginning of the series in 2009, after the high point of 67.1% in 2020 and 65.5% in 2021.  Prior to 2021, the share had been on a decade-long upward trend.  In absolute numbers, a total of 601,558 homes were started in community associations in 2023.

The Census Bureau defines community or homeowner’s associations as “formal legal entities created to maintain common areas of a development and to enforce private deed restrictions; these organizations are usually created when the development is built, and membership is mandatory.”

A recent NAHB study, What Home Buyers Really Want,  asked recent and prospective home buyers to rate the influence that 29 community features would have on their purchase decision.  For more than 65% of buyers, being near retail space and park areas, and having walking/jogging trails are the most influential community features. In contrast, only 39% feel the same way about a homeowner’s association.

When analyzed by the nine census divisions, the highest share of new homes started within a homeowner’s association was in the Mountain Division, where 81.9% of new homes were in such communities. In the Middle Atlantic Division, on the other hand, the share was only 28.6%. The share of new homes started within a community across U.S. divisions are shown in the map below.