Where Real Estate Gets Its Dirt

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Walking Dead

The Industry Relations Podcast is now available on your favorite podcast player!

Overview

The court has denied Zillow’s motion for a preliminary injunction against MRED, and the case now moves to arbitration. Rob stands by calling the ruling a “fatality” for Zillow’s Listing Access Standards. Greg argues the fight is far from over and points to PLS v. NAR, which came back after a string of losses. The hosts also debate whether other MLSs will follow MRED’s lead, whether a national MLS can handle compliance, and what Zillow does next.

Key Takeaways

  • The court denied Zillow’s preliminary injunction against MRED and sent the dispute to arbitration.
  • Rob calls the ruling a “fatality” for Zillow’s Listing Access Standards; Greg says nothing Zillow argued was proven wrong.
  • Greg cites PLS v. NAR (2020–2025) as proof that “dead” cases can come back.
  • Rob credits the DOJ’s intervention for PLS’s appellate win and notes that the DOJ also shaped this judge’s opinion.
  • The judge treated MRED’s policy update as a clarification, not a new rule.
  • Rob expects MLSs that paused similar rules during the lawsuit to move forward now.
  • The court called MRED going national pro-competitive, which Rob says introduces real MLS competition.
  • Greg questions how Compass listings were rushed onto MRED and whether that data is kept accurate.
  • The hosts debate whether a national MLS can do compliance when most enforcement relies on local member reports.
  • Greg points to Metrolist as evidence that MLSs already compete; Rob says every MLS is still a local monopoly.
  • Rob’s thought experiment: if Zillow required direct listing entry, would 96% of listings still show up there?
  • Greg estimates only about 50% would, and says Zillow will work within the system rather than blow it up.
  • Zillow is already testing a new angle, with previews shared with Realtor.com and RealScout.
  • Rob points out that Zillow itself called private listings an existential threat, citing Howard Hanna and Real as brokerages following Compass.
  • The Hagens Berman buyer-side inquiry gets a brief debate, including whether sellers are the more likely plaintiffs.
  • Greg will debate the MLS’s pro-consumer case on stage at CMLS.

Connect with Rob and Greg

Rob’s Website 

Greg’s Website 

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Kyle Hunter joins MAVERIX

MAVERIX adds Kyle Hunter as strategic advisor

“As a strategic advisor, Hunter will work with MAVERIX’s leadership and advisory team, bringing his experience to select clients navigating growth, go-to-market strategy, enterprise relationships and the real estate technology landscape.

“I’ve spent my career helping real estate organizations navigate technology and change, and I’m excited to bring that experience to MAVERIX and its clients,” said Hunter. “I’ve known Jeff for years, believe in what he’s building, and I’m excited to be part of it.”

Nice get for Jeff at MAVERIX. I spent a lot of time working with Kyle while both of us were at Lone Wolf. He’s got close to 30 years in the business and one of the good guys. Congrats to Kyle and MAVERIX.

CMA. Strategy. AI.

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September 30.

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September 30:

  • The Art of the CMA
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IDX Survived. Compass Won.

IDX as We Know It Survives Thanks to MRED

“This is a BIG WIN for brokers in Chicagoland and everywhere.”

Marilyn Wilson posted that on the WAV Group blog the day after Judge Tharp denied Zillow’s injunction against MRED. The same day, her WAV Group co-founder Victor Lund published Two Cases, One Map on RETechnology, the news site WAV Group owns. Victor called Marilyn’s post “the right first read” and told every MLS to send Zillow a compliance notice and pull the feed if the listings don’t show up.

Neither post mentions that Victor Lund is being paid by Compass. In the spirit of disclosure, so is my Industry Relations co-host, Rob Hahn. Rob and I don’t agree on much of this, which is kind of the point of the show. Rob is clear about the relationship on every post he writes about this affair.

“Note: I have already disclosed that I have a business relationship with Compass. However, they pay for my time as a consultant, not my opinions. I bring it up again here because of the topic of this post, though all of the opinions herein are mine and mine alone. You are free to make up your own mind.”

I assume Victor has a similar disclosure somewhere. I didn’t see one on either post.

Both Victor and Rob do real work for this industry, and some of the compromises on the table right now exist because they pushed for them. But to me their interpretation is flawed. This ruling is less of a win for brokers and more of a BIG WIN for Compass.

First, the fair part. MRED earned the win. Objective criteria has been in MLS display rules since the 2008 DOJ settlement, and Zillow’s Listing Access Standards had a hole you could drive a truck through. At first I thought the tweak MRED made to its objective criteria definition in October was a red flag. The testimony changed my read. A banned listing came back to Zillow the minute the seller fired the agent. That looks an awful lot like filtering by brokerage. Judge Tharp found no agreement between MRED and Compass, and he found Rebecca Jensen objected to the standards before she ever talked to Compass about them. Zillow isn’t the hero of this story either. Its ad business needs every listing, and the judge noted the word “transparency” showed up more than 300 times in the briefs. “The lady doth protest too much, methinks.”

So that leaves the part the congratulations card left out.

“Brokers everywhere” is doing a lot of work in that sentence. According to the court’s opinion, Zillow banned 1,390 listings under its standards. All but eight were Compass listings. The ban was the only thing that made a Compass Private Exclusive cost the seller something. Take it away and Compass gets both halves of the deal: a private window where its own agents can match the buyer and keep both sides, and full Zillow exposure as the backstop when that doesn’t work. Compass itself claimed the ban cut use of its three-phase strategy from 39% to 22%.

Compass tried to kill the ban in federal court in New York, lost the injunction, and dropped the case. Last October, Robert Reffkin emailed MLSs urging them to “block Zillow from IDX and VOW feeds.” Victor’s advice to MLS boards is that email with better formatting.

But, here’s what bugs me. After this ruling, a portal has to display every listing the MLS approves for distribution. The brokerage still decides when a listing gets to the MLS and which buyers get to see it before then. Cooperation became the portal’s obligation. Gating stayed the brokerage’s privilege.

To be fair, there’s a real compromise buried in all this. In Chicagoland, Compass agreed to put its Private Exclusives into MRED’s private listing network, where every MRED member can see them. In Seattle, the new NWMLS First Look status does the same thing for 21 days. That’s a lot better than a listing only Compass agents can find, because now a buyer’s agent at any firm can bring a buyer. But the visibility stops at the agent’s screen. A buyer without an agent still can’t see the house. And in Seattle, once the listing goes public, the days on market and price history from the quiet period stay off the public sites. Brokers got the listings back. Consumers got a later, sanitized version of them.

The funny thing is WAV Group published the best answer to all of this a week earlier. Daniel Jones’s Declaration of MLS Stewardship Principles, which WAV Group featured on its blog, says it plainly: “Marketing preferences govern a broker’s own channels. They do not govern the commons.” It also says a seller’s control over timing “does not extend to controlling who may see it.” Neither WAV Group post quoted it.

So, MLS execs. Read the order before you read the victory laps. Enforce your objective criteria rule if your license actually says it. And before you send Zillow that letter, make sure your own rules hold brokerages to the same standard. If portals have to show every buyer every listing, no brokerage should get to decide who “the right buyer” is.

Tomorrow: The State of the CMA

Tomorrow I’ll be joining Kyle Hunter from Lone Wolf for a conversation on The State of the CMA: 2026 Insights.

We’ll talk about how the CMA is evolving, what’s changing in the industry, and why it still plays such an important role in helping agents build trust with their clients.

Hope to see you there.

Register here

Roubini Redux

The Industry Relations Podcast is now available on your favorite podcast player!

Overview

Rob and Greg riff on Greg’s stalled car search, then dig into real estate and macro conditions — new industry efforts to boost housing supply, mounting federal debt and mortgage rate pressure, AI’s threat to service jobs, and whether multi-generational living could ease the affordability crisis.

Key Takeaways

  • Realtor.com and 13 housing advocacy groups launched LetAmericaBuild.org to educate on zoning, permitting, and housing supply.
  • Realtor.com data puts the housing supply gap at roughly 4 million homes.
  • Rob argues the federal government’s interest payments now exceed defense spending, constraining any real rate hikes.
  • Mortgage rates are tied to the 10-year Treasury yield, which is rising as foreign buyers (China, Gulf states) pull back from US bonds.
  • Saudi Arabia’s oil export disruptions mean less Gulf money flowing into US mortgage-backed securities.
  • Rob’s view: neither political party will touch Social Security or Medicare cuts, so structural fiscal problems go unresolved regardless of who’s in power.
  • AI poses a bigger threat to US service-based jobs (coding, law, banking, podcasting) than to manufacturing-heavy economies like China’s.
  • Rob’s affordability math: either home prices need to fall ~40% or real incomes need to roughly double.
  • Landlords currently own about 40% of US housing stock, which both hosts flag as a long-term political issue.
  • Discussion of multi-generational living models (Korean, Japanese generational mortgages) as a possible adaptation, though both agree the US housing stock isn’t built for it.
  • Rob traces the “traditional” American homeownership path: condo → starter home → forever home → passed down or sold in retirement — calling it increasingly out of reach.
  • Both hosts close by noting real estate and podcasting are themselves AI-exposed industries and stress the need for resilience.

Connect with Rob and Greg

Rob’s Website 

Greg’s Website 

Watch us on YouTube

Our Sponsors:

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