Special offer

Zillow Takes a Bite Out of Dual Agency

By
Mortgage and Lending with Mortgages in AZ, CA, CO, DE, FL, GA, IN, MD, MN, MT, NC, NJ, NV, OK, OR, PA, SC, SD, TN, TX, UT, VA, WI NMLS #138061 MMCD #1141

Zillow Takes a Bite Out of Dual Agency

 

"Beginning in May, 2017, Zillow Group, which includes both the Zillow and Trulia platforms, has decided to STOP accepting manual listing entries from real estate agents. 

What does this mean? 

It means that beginning in May, Zillow and Trulia will ONLY accept listings through direct MLS or brokerage feeds. Agents WILL NOT be able to post listings directly to Zillow independently of their MLS or brokerage. 
NOTE: This change WILL NOT apply to the FSBO, Coming Soon, or Make Me Move listing types. You will still be able to enter these manually. 

Why the change? 

This decision was made by Zillow Group, NOT by CRMLS. Zillow has stated in an interview with Inman.com that they are “making the adjustment to promote the accuracy and timeliness of listings that appear on Zillow and Trulia.”

 

     This was an email that was sent out today announcing a major shift in the way ZillowGroup websites will allow listings to be presented on their platform.  If you've followed my blog for any period of time, you know ZGroup is atop my "worst.companies.ever" list, but they got it right with this Zillow Listing Portalone.  On the surface, it appears to be placating NAR rather than going to war with them over listing data.  But beneath the surface, this will address a very real problem - shady agents listing property on Zillow in hopes of double-ending commissions through dual agency.

 

     Recently as home inventory has declined and values have spiked, it's become a market where it doesn't take a rocket scientist to sell a home in many markets.  In fact, in many marketplaces across the country, selling a home is about as simple as putting a "for sale" sign up and letting the bidding wars begin (see: The entire Bay area of Northern CA, specifically the 20+ offers and ensuing bidding wars that a recently listed tear down home caused).  In these cases, many listing agents are putting homes only in consumer-focused online portals, hoping to rope in their own buyer before other buyer's agents have a chance to know the property is even on the market.

 

     This practice reeks of an ethics lapse for several reasons.  The biggest being that limiting marketing exposure on a listed property is almost always to the detriment of the seller, which completely breaches fiduciary duties.  A seller doesn't get the opportunity to showcase their home to as large an audience as possible, and theoretically could lose out on interested eyes that would translate to a higher price tag.  Beyond ethical lapses, the information found in systems such as Zillow 

 

     Personally, I'm happy to see an avenue for shady agents to do shady things put to rest.  Buyers cannot be adequately represented by a listing agent, as there is already an agreement to best represent the seller of a home, which is in direct opposition to the best possible representation of a buyer.  For an agent to intentionally seek out dual agency situations is to put a paycheck ahead of ethics.  If we want our industry to gain momentum with an improving image, and we don't want to be regulated out of existence, cutting off the ways someone can act unethically is a good step in the right direction.  I rarely say this, but this time around, ZillowGroup got it right.

Posted by

John Meussner
NMLS ID #138061

It's more than a house - it's home.  So we offer a wide range of mortgage products at competitive prices to help our clients achieve financial security at home.  While we get great feedback on our prices and products, many clients say their favorite part of working with John Meussner & MasonMac is the level of service provided along the way.

Purchase money loans, Refinance, Renovation, Jumbo, FHA, VA, USDA, nonQM, HELOCs, and more

Licensed in
AZ, CA, CO, DE, FL, GA, MD, MT, NC, NJ, NV, OK, OR, PA, SC, TN, TX, UT,
and VA

JMLoans.com

 

(484) 680-4852
Call or Text

Email Me

My Blog

Loan Options

 

Comments(65)

Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

John

Congratulations on the feature for a informative post.

Good luck and success.

Lou Ludwig

Apr 23, 2017 07:15 PM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

John Meussner - Now if 'Coming Soon' is going to be an exception, that back door avenue is still open for dual agency, isn't it?

Apr 23, 2017 09:30 PM
John Meussner

I believe it is, so I'd like to see that go away, too : )

Apr 24, 2017 02:03 PM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

(And I must say, John Meussner - some of the least stressful transactions for me were a dual agency where I represented both buyers and sellers and it was a perfect win-win in almost all cases!) 

Though I do not intend to use Zillow for dual agency anyways.

Apr 23, 2017 09:33 PM
John Meussner

I don't think dual agency is a problem.  I think unethical agents who put their self-interests ahead of their clients are the problem --- unfortunately, dual agency is one avenue where they can operate without ethics and be rewarded for it.  I'm sure you've done dual agency successfully with both happy buyers & sellers that were well taken care of.  Just too many opportunities for bad agents to take advantage of their clients.

Apr 24, 2017 02:04 PM
Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

John Meussner I'm not a fan of Zillow but they got this one right. Thanks!

Apr 24, 2017 05:01 AM
Jim Paulson
Progressive Realty (Boise Idaho) www.Progressive-Realty.info - Boise, ID
Owner,Broker

Here in Boise, Idaho; I tell my clients to look at how Zillow ranks themselves for accuracy.  We are a non-disclosure state, so they don't even give themselves a 1-5 star rating (their rating system) because they admit they don't get enough data.

I am glad they don't allow agents to input their own data.  Our MLS found a lot of the bad data were from sources like home magazines and other sources that pushed data to Zillow, but never updated it.

Apr 24, 2017 08:40 AM
Matthew O'Hare
Osterville, MA

Great poet, great to see Zillow being "proactive" and addressing shady practices.

Apr 24, 2017 09:55 AM
Jon Kolsky
Kolsky Realty & Management - Long Beach, CA
Licensed California Real Estate Broker

John Meussner ~ ulterior motives, my friend! Z nixed manual listing entry for real estate agents so they can doubles down on direct listing feeds and put pressure on more MLSs and brokers to provide listing feeds to ZG. If they really cared about flawed data (which they do not) - they would put a stop to FSBO manually listing entries “as well as” direct brokerage and franchise feeds. On the surface, it looks good, but dig deep enough and you’ll find plenty of grays

 

Apr 24, 2017 10:01 AM
John Meussner

Jon Kolsky ah my friend, I don't even think you have to dig too deep ; )  I definitely don't think they did this to benefit consumers or end shady practices, but I think it'll put a dent in them as a happy side effect.  I'd like to see 'coming soon' go away, too.  As for FSBO, I'm not sure how they could guarantee accuracy on them without alientating home sellers that want to go that route ---- perhaps just put a big ole' disclaimer on all FSBO pages stating "Accuracy cannot be assumed or guaranteed" 

Apr 24, 2017 02:06 PM
Foster Smith Summerville
Carolina One Real Estate - Summerville, SC
Summerville & Charleston Homes for Sale SC Realtor

Thanks for sharing this info. Our company just started allowing feed to zillow. They hadn't allowed it for years and I manually entered my listings as a result.

Apr 24, 2017 02:45 PM
James Guido

I don't understand your point Foster. Are you saying that was the only way for you to get them into Zillow? Of course that is not what the discussion is about; it's about agents entering listings manually, not placing them in the MLS, for the sole purpose of double-ending the transaction.

Apr 24, 2017 04:53 PM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Looks like Zillow did something right. Altbough the Coming Soon should be stopped also. Not quite sure what the benefit of that is other than to possibly get a buyer ahead of it going on the market.

Apr 24, 2017 04:26 PM
James Guido
REMM Realty brokered by eXp Realty - Heber City, UT
Broker Associate and MLO in CA and UT

I have a few commets/questions based on 41 years experience as a broker:

1. What exactly does "coming soon" mean to you? Does the agent have the listing? If so by MLS rules aren't thoes listings supposed to be placed in the MLS within 24 hours? If it isn't a listing why wouldn't other agents try and wrestle it away from the "listing" agent that may or may not actually have a listing?

2. When is NAR going to make Realtor.com create the very best website for searching (they get their data directly from the MLS's all over the country and they are supposed to post them more quickly than any other site). Until they do that many others will be more popular.

3. Whey does Zillow still promote Trulia? Two sites from the same company? I have a friend who worked for Zillow for years. He knows and shares, legally, the inside workings of Zillow. It would blow your mind.

 

Apr 24, 2017 05:08 PM
James Guido
REMM Realty brokered by eXp Realty - Heber City, UT
Broker Associate and MLO in CA and UT

I don't like dual agency especially in this market. A "friend" of mine spoke to an agent who was walking "her" farm and happened onto my friend. She said she had a buyer and produced a written offer a day later. The seller, who is over 75 years old and living alone since her husband died almost 10 years ago, accepted the offer and they are in escrow. Yes I am disappointed that I didn't get the listing but I more concerned that she isn't truly represented and the agent didn't put her home on the MLS. The seller would have received multiple offers because of the current stress on inventory. The seller even remarked that "a home just down the street sold in 2 days" and that "her floorplan was very popular". Yet is was still not placed on the MLS. By the way the appraisal came in low and the buyer's agent (not really the seller's agent right?) asked her to split the difference between the appraised value and the agreed to purchase price. Really? In this market? I suggested to her not to give up one penny if asked to. I hope she didn't. We will see when it closes; the agent will surely put that in the MLS so she gets MLS credits for a listing and a sale.

I love this business but sometimes the lack of morals and ethics by far too many agentt just really disappoints me.

Good day all!

Apr 24, 2017 05:16 PM
John Meussner

James, those are the things that make my opinion what it is.  Those who support dual agency either don't see, or don't care, about this kind of behavior, and it's rampant, especially in our area of high values and large commission checks.  In most areas of the country, the extra $4-6K on a deal isn't worth the hassle of dual agency.  The extra $15-30K here brings in a lot of bad characters and a lot of bad behavior.

Apr 25, 2017 10:45 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

Like you, I am no fan of Zillow, but I think they got it right in this case!

Apr 25, 2017 02:00 AM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

I agree, they got it right this time! The shady agents will simply have their clients enter the data, sharing their photos with them to do so also!  I can just see it now!

And yes John, the coming soon there HAS to end - it's creating all sorts of issues for us here in our area.

Apr 25, 2017 07:52 PM
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

Good info, interesting move on Ziillow's part. What do you think they did this to ultimately accomplish?

I'm all for ethical dual agency and practice it regularly.

I'm against pocket listing properties though. The seller needs every opportunity to sell to the best offer. I've had several dual agency opportunities fall through when they were over bid by other buyers. 

Apr 25, 2017 10:26 PM
John Meussner

I think they're just looking to play nice with NAR, they've got to be tired of Realtors, NAR, and all of us ripping on them constantly in public forums.  Add the lawsuits against them and I'm sure they're a little battle weary.


 


And right on -  I don't take issue with dual agency.  Just pocket listings and keeping them out of the public view for personal gain.  

Apr 26, 2017 01:36 PM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

I don't think this is a real problem. I don't believe their move had anything to do with dual agency either.

Apr 26, 2017 05:11 AM
John Meussner

It may not be in your area.  Here in SoCal it's an issue, especially in higher priced markets.  I also don't think their move was directly going after the practice.

Apr 26, 2017 01:35 PM
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Zillow is doing this because they are trying to combat the inaccuracy of their data and are hoping that agents will force their associations to give their data to zillow.  Has nothing to do with dual agency.  Plenty of other consumer portals out there and all an agent has to do is use RealBird to get their listings on there or create a FSBO listing.

Apr 26, 2017 02:23 PM
Jan Green - Scottsdale, AZ
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

Couldn't agree more.  I appreciate your news!  

May 01, 2017 06:54 PM
Eren Millam
Realty World Cosser & Associates, Inc. - Chehalis, WA
Certified Negotiation Expert

Interesting take from a mortgage lender. However, not based in any facts! 

The problem with syndication from the MLS is the information is NEVER accurate. The pictures come out blurry as well. I always have to edit the information when it gets to Zillow 48 hours after being on the market. If I try to enter the listing prior, the syndication overwrites it. This was never an attempt at dual agency, but it was an attempt at the very thing they're trying to accomplish.

Dual agency is also not "shady". Your assumptions that buyers or sellers can't be represented is inaccurate. If an agent is representing their client any differently between buyer or seller agency vs dual agency, they are doing something wrong and haven't been trained properly. This is a big misconception. 

In my opinion, Zillow is doing this for the wrong reasons. MLS's all around the country are shutting off the syndication stream. For agents like me, this would not effect me because I could manually input them. However, the emails I am receiving from Zillow are asking me to put pressure on the MLS to allow the syndication. Without syndication, Zillow dies. In fact, they've already allowed an extra 30 days to manually input. I see them caving in the end or they will lose all the advertising dollars from agents who's listings won't be on Zillow.

May 03, 2017 11:36 AM
John Meussner

Eren Millam That we absolutely agree, 1000% on.  I just want to see the unethical behavior gone - if more people reported it, and punishments were harsher for obvious unethical behavior, it would solve a lot of industry problems.  


 


I know a lot of agents that successfully navigate dual agency - but it is, unfortunately, an easy way for shady folks to make a killing though, especially in the type of market we're seeing, and sadly it comes at a detriment to sellers and buyers.


 

May 03, 2017 07:00 PM
John Meussner

Eren Millam I would state that it's a fact you're not familiar with my local market, and therefore haven't seen first hand the shady practices and goings on in my market.  FACT is: there are agents holding properties off-MLS trying to snag a buyer themselves to double end the commission.  This IS a fact.  I see it all the time.


 


As I've stated over, and over, and over, ad nauseum, dual agency isn't shady.  However, a lot of people attempting to double end every deal they can ARE shady.  They put their paycheck ahead of their clients interests, property exposure, and fiduciary duties, and that's where my issue lies.


 


I still am not sure how you can be a fiduciary to a buyer & seller and represent both as strongly as one could on an individual basis, but that's another conversation for another day.  

May 03, 2017 12:12 PM
Eren Millam

Of course, there are abusers in every field. Pocket listings are not unethical either. I don't agree with making something illegal because some people are doing it for the wrong reasons. It's all about education and up to the seller/buyer to decide if it's right for them. 


To your concern about fiduciary duty, obviously your role changes, but in all situations it is your job to provide information and let the client decide. If I would normally recommend a repair, I will still recommend that repair. I would explain that to seller, as well as their options. 


 


It is ripe for unethical behavior. However, think about the consequences. What would be the purpose of marketing a listing in any other way other than the MLS? Would a listing agent spend any money on Zillow or would they rely on buyer's agents to bring them a buyer? I know many listing agents who do that and that is more unethical to me than dual agency or pocket listings. 


 


If you see something unethical, you should be reporting it and those agents should be disciplined.

May 03, 2017 12:56 PM
Tracy Santrock
Santrock Realty Group Inc. , - Cary, NC
Raleigh - Cary Broker

In the process they also will not allow you to post coming soon listings unless you are a premier agent.  I cancelled that in April and now I have to wait for the feeds from the MLS. Bummer.

Jun 07, 2017 11:38 AM
Darin and Mary Waldeck
SunState Realty - Englewood, FL
Exceeding Expectations!

Not a Zillow fan at all.  Personally I feel if they wish to continue to allow fsbo's to put a listing in manually, then they should certainly allow individual agents to continue to put their listings in manually as well.  Why the discrimination?

Jun 13, 2017 11:09 AM