Compass Sues Zillow Over Listing Ban, Alleging Antitrust Violations

Compass filed a federal lawsuit against Zillow on Monday, accusing the portal of anticompetitive practices over its ban on private listings.
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Key Details:

  • Compass has filed a federal antitrust lawsuit against Zillow, claiming the portal’s new listing rules unfairly block competition.
  • At the center of the dispute is Zillow’s policy banning listings that aren’t added to the MLS within 24 hours of public marketing.
  • Redfin, which adopted a similar policy, is named as a co-conspirator in the lawsuit but is not listed as a defendant.

Compass filed a federal lawsuit against Zillow, accusing the real estate portal of violating U.S. antitrust laws by banning listings that don’t appear on the MLS within 24 hours of being marketed.

The lawsuit, filed on Monday morning in a New York federal court, alleges that Zillow is using its new listing policy, known as Listing Access Standards, to block competition. According to Compass, the new standards are meant to protect Zillow’s market dominance and shut out rivals. 

The Core of the Dispute

According to the lawsuit, Compass sees the Zillow policy as an effort to maintain dominance in the digital real estate market. Compass refers to the policy as the “Zillow Ban” and argues that it unfairly penalizes brokerages that offer sellers alternative ways to market their homes.

Compass claims in its filing: 

“To protect its market dominance, Zillow has retaliated against competitive threats by enacting an exclusionary policy.”

Compass has been promoting its Private Exclusives channel since November. This channel features roughly 7,000 listings that are only accessible to Compass agents and their clients. The company argues that this offers sellers a three-phase marketing plan, including the ability to test pricing and marketing strategies before going public.

Allegations in the Lawsuit

Compass contends that Zillow’s 24-hour rule is not about transparency, as the company has claimed, but about control over listing visibility and lead generation.

The lawsuit includes several key allegations:

  • Zillow’s policy prevents competitors from marketing homes in ways that do not align with Zillow’s business model.
  • The company’s revenue depends on selling leads to agents, which requires early access to listings.
  • When homes are marketed privately, Zillow cannot profit from them, and therefore blocks them from the platform.

The lawsuit also names Redfin, another national brokerage and online portal, as a “co-conspirator” for adopting a similar listing policy shortly after Zillow. Redfin is not listed as a defendant in the case.

Industry Background and NAR’s Role

The dispute is tied to a 2019 rule from the National Association of Realtors (NAR), which required agents to submit any publicly marketed listing to the MLS within 24 hours. Compass was an early critic of that policy, and the rule has faced legal and industry pressure in recent years.

In March, NAR softened its stance, allowing individual MLSs to define their own timeframes for private marketing. This update gave brokerages like Compass more room to use private listing strategies. Despite the shift, Zillow opted to keep the original 24-hour rule in place for its own platform, with the new standards set to take effect on June 30

Zillow has previously defended this position by citing its commitment to transparency. Errol Samuelson, Zillow’s chief industry development officer, told The New York Times earlier this year that private listings are inconsistent with that goal.

As Samuelson told the Times

“The website was created to promote transparency in the industry, and private listings are at odds with that spirit.”

Compass’s Position

Compass maintains that the choice to market listings privately should rest with sellers and their agents, not with third-party platforms. CEO Robert Reffkin positioned the lawsuit as a defense of consumer freedom and business innovation.

“No one company should have the power to ban agents or listings simply because they don’t follow that company’s business model. That’s not competition. It’s coercion.”

He added that consumers should be able to decide how their homes are marketed and sold, including the option to start with a private listing.

Stay tuned for more details. 

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About the Author

Sarah Lentz started writing for BAM in late May of 2022 and quickly realized she was exactly where she wanted to be (and still is). Before BAM, she worked as a freelance writer. She lives in Minnesota with her four kids and, in her free time, is writing her next book.

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