Court Crushes Commingling Claims

Splits and Caps Daily: Action for Agents

March 4, 2025

📈 Market Move:

Privacy Please

Another day, another legal battle in real estate—this time, Zillow and the National Association of Realtors (NAR) just notched a win against REX, the low-fee brokerage that cried foul over Zillow’s search results.

REX sued Zillow back in 2021, claiming its listings got buried when Zillow complied with NAR’s no-commingling rule, which separates MLS and non-MLS listings. REX called it anticompetitive, but the Ninth Circuit just shut that down, agreeing with an earlier ruling that the rule wasn’t some grand conspiracy—MLSs could opt in or out, and nearly a third didn’t even use it.

The court also pointed out that Zillow independently redesigned its site to follow the rule, and there was no proof NAR had a hand in that decision. Translation? No shady backroom deals, no antitrust violation, and no new trial for REX.

The DOJ tried to get involved, arguing the case should be reconsidered, but the appeals court didn’t bite. Bottom line? Zillow and NAR walk away clean, while REX is left holding the bag.

🌟Quote of the Day:

"You are what you repeatedly do. Excellence, then, is not an act, but a habit." — Will Durant

⚡ Quick Win:

The “Ask for the Sale” DM: Pick five old leads in your inbox. DM them a simple, “Hey [name], still thinking about buying/selling this year?” No fluff, no pressure. You’ll be surprised how many people just needed a nudge.

🎉 Fun Fact of the Day: 

Miracle Grow: What’s the fastest growing city on Earth? It’s Dubai. In just 50 years, this desert city transformed from a small trading port into a global real estate powerhouse, complete with man-made islands and the world's tallest building. It's like the city is on an espresso shot 24/7!

📚 Book Recommendation:

"Winning Through Intimidation" by Robert Ringer—Don’t let the title fool you—this isn’t about scaring people into submission. It’s about understanding the hidden power dynamics in business and making sure you don’t get steamrolled. Robert Ringer takes a brutally honest look at the world of negotiation, showing how those who play the game strategically (instead of just working hard and hoping for the best) end up on top.

Ringer’s big lesson? In any deal, there are always people trying to take advantage of you—whether they say it outright or not. Your job is to see it coming, stand your ground, and make sure you walk away with what you deserve. He breaks down how to control negotiations, position yourself as the authority, and ensure you actually get paid what you're worth. It’s not about being aggressive—it’s about being unshakable. If you’ve ever felt like you got the short end of a deal, this book will teach you how to make sure that never happens again.

Nobody remembers the agent who almost made it—go all in.

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