WHAT??? AGENTS may violate their duty of fiduciary to their seller clients if they don't submit their property listings to display on Zillow???
SEE: Violation Of Fiduciary Responsibility To The Seller? by Sara Bonert / Zillow, 05/16/2008. The post is MEMBERS ONLY, so I've removed the link.
Zillow states: * * *"This attitude got me thinking this week- If you turn your digital back to this the huge amount of Buyers who are actively using the Internet to search, are you putting yourself at risk for the Seller to come back and say you skirted your fiduciary duty to expose their home to the widest audience possible? Especially given the fact that is it is free to market your listings on most of the top trafficked sites?" * * *
I'm laughing out loud at the possible result of some folks seeing listings in Zillow.
Seller to Agent: Hey, you listed my house for $749,900. Zillow says it's only worth $630,000. Is that why it isn't selling. I can't sell now. I owe over $700,000. Cancel my listing. I'm getting another agent.
Buyer to Agent: Hey, you said this house is in my price range. It's listed for $599,900, but Zillow says it's only worth $520,000. I'm not offering $575,000. You don't know what you're doing. Cancel our agreement. I'm getting another agent.
Broker to Agent: You must enter all of your listings in Zillow. Zillow says we are shirking our duty of fiduciary if we don't enter listings on their web site.
Seller to Agent: Why did you enter my house in Zillow? My house is listed for $950,000, but Zillow says it's only worth $785,000. How can I get the price you recommended when Zillow says I'm overpriced?
THE PROBLEM WITH LISTING ON ZILLOW is that the consumer, buyer or seller, not only gets the real estate agent or broker's best advice after actually seeing the house, about the market and market value, they also get the Zillow advice. Considering the "range" of Zillow estimates available, can only lea
d to confusion and a lack of confidence in the agent's ability to accurately value real estate.
In fact, it could even be said that entering a property listing is Zillow could violate the listing agent's duty of fiduciary to their Seller client by giving a false impression that the real property value is higher or lower than the agent recommended.
I suspect that the next thing we'll hear from Zillow is that homes should be priced based on the Zillow estimate. We'll all need help. Experienced agents know that they cannot provide an estimate of market value for a property unless they have seen it.
Trying to guilt or frighten agents into entering their property listings in Zillow is not a good idea. We take our duty of fiduciary very seriously.
YOU CAN'T BE RIGHT, ZILLOW SAYS. . . . I'm not aware of any other site that goes as deeply into pricing of properties. I speak with consumers regularly who cite Zillow as one of the sources of their information. I believe the Zillow system of estimates has fatal flaws that lead to a wide variety of estimates for most properties. The consumer, unfortunately, sees the slick web site and sees some type of authority. Zillow estimates are like an 800 Gorilla that I have to get around in order to communicate with a consumer.
Agents are free to enter their listings on any on line resource they wish. Agents can feed free content to Zillow. But, agents should not feel guilty or feel that they have violated their duty of fiduciary to their seller clients if they eschew Zillow.
RENEE BURROWS has a good follow up to her comment below.
I am finding that buyer/sellers have a lot of access to information on the Internet -- which they take as TRUE! The consumers think they know a lot more than they know - it is a very dangerous perception and it is difficult to convince the consumers otherwise. I think this is a disturbing trend of "misinformation."