'We Can't Control Different Customs in Different Areas,' Says Windermere President on Off-Market Sales Challenge

Written by:

Steve Marcinuk

Date:

02 Jul 2025

Share

Share via Facebook

Share via Linkedin

Share via X

Copy to clipboard

The real estate industry’s debate over off-market sales reveals a complex landscape where regional practices, legitimate privacy needs, and market transparency concerns collide, according to one industry leader.

“Off market sales in our industry is a total real thing. It happens. And I would never deny that it doesn’t,” says OB Jacobi, President of Windermere Real Estate. However, he argues there’s a crucial difference between legitimate off-market transactions and systematic private listing networks that could harm market transparency.

The Regional Compliance Challenge

As a franchisor, Windermere faces particular challenges in maintaining consistent practices across different markets. “In Utah, it’s customary for them to have Office exclusives, and there’s no timeframe on an office exclusive,” Jacobi explains, highlighting how regional customs can complicate industry-wide standards.

This variation creates operational challenges: “I’m talking to our owner down there. I’m like, wait a minute. So my house forever, it feels like a make me move kind of thing,” he says, comparing it to Zillow’s former feature.

Legitimate Privacy Needs

Jacobi acknowledges several scenarios where off-market sales serve legitimate purposes: “I’m the neighbor and I want to buy my neighbor’s house. I’m the friend and I want to buy the friend’s house. I’m the celebrity and I don’t want anybody near my compound… there’s instances, lots of them where it happens, and lots of them where we participate in that.”

The Market Share Perspective

Despite potentially benefiting from private networks given Windermere’s significant market presence, Jacobi opposes systematic off-market listing practices. “In Seattle, for instance, we have 30% market share. So, you know, to be clear, we have the most to benefit out of doing a private listing network,” he notes.

Consumer Trust Impact

Off-market sales can damage consumer confidence in the industry, according to Jacobi. “When they see a house that sold that they were like, ‘Oh, I wish I would have known.’ That’s a terrible thing… they feel betrayed.”

This impact on consumer trust particularly concerns Jacobi because “the industry has done an awful job at educating the public on how hard the job is and what we do for the public. We just do it.”

Finding Balance

While acknowledging legitimate uses for off-market sales, Jacobi emphasizes the need to maintain market transparency. “I’m not playing angel on one side and devil on the other,”he says. “It’s real as an as a company stance to create these silos. Again, bad for the consumer.”

The challenge moving forward will be balancing legitimate privacy needs with maintaining healthy market dynamics, a balance that varies by region but ultimately must serve consumer interests.