Platform & Tech Litigation

Key Issue

Zillow's Listing Access Standards ban listings previously marketed privately

Impact

Restricts marketing strategies and use of private exclusives; may limit buyer access to certain listings

Key Issue

Zillow steers buyers to Zillow-affiliated Flex agents, taking up to 40% commission without disclosure

Impact

Increased scrutiny of lead generation and referral programs; buyers may be unaware of high referral fees

Key Issue

Copyright infringement; Zillow used 46,000+ CoStar copyrighted photos without permission

Impact

Reinforces importance of respecting intellectual property rights and properly licensing content

Key Issue

Zillow illegally steers business to Zillow Home Loans by tying agent referrals to lending products

Impact

Scrutiny of mortgage steering and RESPA compliance; may impact how agents and platforms partner with lenders

Key Issue

Rocket Companies rewarded agents for steering clients to Rocket Mortgage

Impact

Similar to Zillow steering case; increases legal risk for brokerages with preferred lender relationships

Key Issue

Zillow's Flex referral program allegedly steers homebuyers to Zillow-affiliated agents and Zillow Home Loans through undisclosed financial incentives; RESPA violations for compelling agents to steer buyers toward Zillow Home Loans. Second amended complaint (April 16, 2026) adds eXp Realty as defendant and raises named plaintiffs to 12.

Impact

Expanding case now names eXp Realty as a defendant (April 17, 2026), alleging eXp agents steered buyers toward Zillow Home Loans via Premier Agent and Flex leads. eXp states it will 'vigorously defend' the claims. Judge Robart ordered plaintiffs to show cause for amended filing by April 24, 2026.

Key Issue

Zillow and Redfin's rental listing 'syndication' agreement, in which Zillow paid Redfin approximately $100 million to add Redfin sites to the Zillow Rentals Network, allegedly paid Redfin to exit the rental market and illegally consolidated an already concentrated industry

Impact

Major government antitrust action targeting tech platform consolidation in the rental market; could reshape how listing portals partner and share inventory. On May 7, 2026, U.S. District Judge Anthony Trenga (Alexandria, Virginia) DENIED Zillow and Redfin's motion to dismiss, ruling that the FTC plausibly alleged the defendants violated antitrust law. The case will proceed to discovery. Zillow said it remains 'confident we will demonstrate the pro-competitive and consumer benefits of our partnership with Redfin in court.' Redfin said it was 'confident it would be vindicated.'

Key Issue

Plaintiffs allege Zillow's Premier Agent program and mortgage referral arrangements violate RESPA's anti-kickback provisions, as Zillow allegedly receives undisclosed fees for steering consumers to affiliated lenders

Impact

Plaintiffs filed opposition to Zillow's motion to dismiss on March 31, 2026. Case is actively litigated. If successful, could reshape how real estate portals monetize mortgage referrals.

Key Issue

CoStar allegedly unlawfully monopolized commercial real estate data and information services, controlling ~80% of U.S. CRE listing and information markets via LoopNet.com; restrictive noncompetes and cross-post limits harm competition

Impact

First of two antitrust class actions filed against CoStar in April 2026. Susman Godfrey — one of the three key plaintiff firms in the residential commission cases — is co-counsel, signaling a potential expansion of real estate antitrust litigation into the commercial data sector. Seeks treble damages and permanent injunctive relief.

Key Issue

Parallel antitrust class action alleging CoStar monopolized commercial real estate data and information services; restrictive noncompetes and cross-post limits prevent competition from LoopNet rivals

Impact

Second of two coordinated antitrust class actions filed against CoStar in April 2026. DiCello Levitt represents a separate CRE brokerage firm plaintiff. The parallel filing strategy mirrors the multi-firm approach used in the residential commission cases and suggests coordinated litigation strategy.