Commingling Clash

Who gets to decide what’s fair in real estate listings?

February 17, 2025

Splits and Caps Daily: Action for Agents

February 17, 2025

📈 Market Move:

Contracts & Competition

The Department of Justice (DOJ) is circling back on a case Zillow won last year, and they’re not thrilled about it. Why? Because they think it could set a dangerous precedent for how trade associations (like NAR) can dodge antitrust rules.

The drama started when a low-fee brokerage sued Zillow, claiming it got buried in search results thanks to NAR’s “no-commingling” rule. Zillow said, “Hey, we were just following the rules.” A jury sided with Zillow in 2023, but now the DOJ is stepping in, saying that just because a rule is labeled “optional” doesn’t mean it actually is.

Fast forward to this week—lawyers battled it out in front of the Ninth Circuit. DOJ argued that these “optional” policies could still be a sneaky way to limit competition. Meanwhile, Zillow and NAR said there was no grand conspiracy and that Zillow was just making independent business choices.

What’s next? The judges will decide if the lower court ruling stands or if they’ll shake things up. Either way, this case is a reminder: the real estate game isn’t just about selling houses—it’s about who controls the playing field.

🌟Quote of the Day:

"If everything seems under control, you’re just not going fast enough." — Mario Andretti

📊🤔 Agent Poll Results

On 2/14, we asked: What’s your number one priority right now?

The results are in!

  • Crushing it with leads: 100%

  • Streamlining systems: 0%

  • Learning something new: 0%

  • Staying sane: 0%

Focusing on relationships is always your best bet! Appreciate your thoughts! 

🎉 Fun Fact of the Day: 

London’s Underground Mansions – In London, where space is tight, ultra-wealthy homeowners dig down instead of expanding out. These “iceberg homes” have underground swimming pools, theaters, and even car elevators. When you can’t build up, just go subterranean.

📚 Book Recommendation:

"Business Made Simple: 60 Days to Master Leadership, Sales, Marketing, Execution, and More" by Donald Miller—You know how some business books take 300 pages to say what could’ve fit in a tweet? Yeah, this isn’t one of those. Donald Miller gives you a 60-day crash course on leadership, sales, marketing, execution—basically, how to not just run a business but actually make money doing it.

Think of it like a daily business workout. Show up, do the reps, and by the end, you’re not just some guy with ideas—you’re the one making moves. Worth the read. 🚀💰

Business Made Simple

Action beats anxiety—do the work, and the confidence will follow.

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