Where Real Estate Gets Its Dirt

The Tennessee Waltz

“I introduced her to my loved one, and while they were dancing, my friend stole my sweetheart from me.”

The Tennessee Waltz is the saddest song ever written about handing something precious to a friend. It’s also a pretty good history of this industry and Zillow. We introduced our listings to a friendly portal, the music played, and you know how the song ends.

Which is why it matters that Tennessee, of all places, just rewrote the ending.

Realtracs and Zillow Enter New Licensing Agreement

“Zillow will notify Realtracs at the same time an agent receives a notification that they have reached the threshold for listing suppression under Zillow’s Listing Access Standards. This provides greater transparency into those situations and gives Realtracs the information needed to work directly with brokers and agents to ensure healthy cooperation.”

So the Nashville standoff ends with a signature. Realtracs called out Zillow’s Listing Access Standards back in May, set a deadline, extended it twice, and after ten weeks of negotiating we get a “modernized license agreement.” Compare that to Chicago, where MRED pulled the feed, a federal judge ordered it turned back on, and the lawyers are still billing. Realtracs walks away with a contract. MRED walks away with a court date.

Both sides get to declare “victory” here. Zillow told Real Estate News its Listing Access Standards “remain in full effect across the Nashville region” and were “not modified as part of this agreement.” Stuart White gets defined use rights, AI and LLM guardrails on broker-created content, better listing activity reporting, and my favorite part, the pull quote above. Until now Zillow could bench an agent’s listings and the MLS would find out from an angry phone call. Now Realtracs gets the notification the moment the agent does.

But the real story is the paper itself. Back in April, Realtracs tore up its Participation Agreement and put “the broker owns the listing” in writing. This looks like chapter two of the same strategy: stand up a Data Licensing Platform, Homes.com was the first, now Zillow. The line at the bottom of the press release, “as additional technology providers renew their agreements,” is doing a lot of work. Every vendor pulling a Realtracs feed should expect the same paperwork.

Saul Klein wrote last month that the real AI question is “who controls the terms under which AI gains access to listing data.” Realtracs just gave its answer: we do, and here’s the license.

Will AI guardrails in a license agreement actually stop a foundation model from ingesting listings? Probably about as well as robots.txt did. But enforcement starts with terms, and you can’t enforce terms you never wrote down. In the post-settlement world the license agreement is the new rulebook.

Realtracs is still dancing with Zillow. It’s just done lending out its sweetheart without a word in writing.

Congress Would Like a Word

Robert Reffkin and Rebecca Jensen you got mail! The House Judiciary’s antitrust subcommittee sent both CEOs letters asking for briefings on the Compass/MRED partnership, “as soon as possible” and no later than August 5. The concern, straight from the letters, is that the deal:

Judiciary subcommittee summons Compass, MRED CEOs for briefing

“could limit competition by fragmenting inventory, weakening price competition, and creating “velvet ropes” around certain properties that limit access to a select group of potential buyers, potentially limiting consumer choice”

“Velvet ropes.” On congressional letterhead. That phrasing sounds familar, and apparently Washington has been taking notes.

Now walk with me…. The Consumer Federation of America asks the DOJ and FTC to review Compass’s MLS agreements. Senators Warren and Wyden want scrutiny of the Anywhere deal. The New York AG opens an antitrust inquiry. Zillow drags everybody into federal court in Chicago. And now a House Judiciary subcommittee wants both CEOs in the room within two weeks. Here’s the part that should get Compass’s attention: this subcommittee is chaired by Scott Fitzgerald, a Republican from Wisconsin. Warren and Wyden are one thing. When the letters start coming from both sides of the aisle, “this is just politics” stops working as a talking point.

MRED’s response: “Whether it’s our customers or this committee, we’re always happy to help.” Never change, Rebecca.
Compass? Nothing yet. The guy who personally emails MLS CEOs across the country didn’t have a comment ready.

Nobody got subpoenaed. A briefing is the meeting you take so you don’t get the hearing or the subpoena.

Compass’ FAFO moment might be about to happen and something tells me saying “seller’s choice” a hundred times isn’t going to work.

Compass to Zillow: hiding listings is our thing!

Compass opens new front against Zillow with complaints to regulators, MLSs

“When sellers choose to publicly market their homes and make them available to the broadest possible audience, Zillow is keeping those listings from buyers because they were not initially prioritized on Zillow,” the spokesperson said over email. “In some cases, Zillow is displaying active, publicly available listings as not for sale.”

You seriously can’t make this shit up.

Listen to the Aussie

Damian Eales: Private listings are a ‘right side of history’ test

“It’s almost incomprehensible that the market is moving towards a position where information is not shared, where it’s asymmetrical information, where only some have the information required to properly value that asset.”

You know where I stand on private listings. Not a fan. And stripping out days on market and price changes? Those are facts. Hiding them doesn’t protect the consumer, it blindfolds them.

What makes Eales worth listening to is where he’s coming from. He’s Australian. He’s already lived in the version of this movie where listing agents pay to promote, sellers foot the advertising bill, and buyers don’t get the full picture. So when the guy who’s seen that ending calls the U.S. MLS system “genuinely unique” and lines it up next to the NYSE, that should land.

Call it “seller choice” if you want. It’s really just hiding the ball.

Pick a side.

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