realestate

Judge rejects Zillow's bid to bar Compass agent testimony

Agent accused of violating Zillow's private listing ban to testify Nov.; new claim in eXp case, Batton damages revised.

C
ompass vs. Zillow: A federal judge in New York approved Compass’s request for one of its agents to testify at the preliminary‑injunction hearing scheduled for Nov. 18‑21. Zillow argued the request was untimely, but Judge Jeannette Vargas said the court would benefit from the agent’s perspective on alleged anticompetitive conduct. The agent, whose name, phone number and license number will remain redacted until testimony, is licensed in Pennsylvania and New Jersey and received a warning on Oct. 13 for violating Zillow’s Listing Access Standards. The judge also allowed a two‑hour deposition of the agent no later than Nov. 7. Compass lost its bid to compel Redfin to produce two draft blog posts on new listing standards and an unredacted rental‑syndication agreement between Redfin and Zillow; the subpoenas cited Bellevue, Washington, as the place of compliance, which the court deemed an improper venue.

    Sexual‑misconduct suit against eXp: Plaintiffs filed a third amended complaint adding a claim of fraudulent misrepresentation against eXp Realty and eXp World Holdings. The filing names Megan Farrell‑Nelson (formerly “Jane Doe 3”) and accuses eXp of failing to conduct a prompt, thorough investigation of sexual‑assault allegations against agents Michael Bjorkman and David Golden, despite a standard operating procedure for compliance officers. The suit alleges eXp declined to interview identified witnesses or take sworn statements, and that founder Glenn Sanford allowed Bjorkman to continue receiving revenue‑share payments and advocated his return to active status because he was a major producer. Similar claims are made against Golden, who was promoted as a top recruiter despite allegations.

    Batton commissions case: Homebuyers sued over commissions paid to four MLSs. An expert discovered coding errors in the original damage calculations. Updated figures show class representatives should receive $9,333 instead of $8,524, and total damages to class members drop from about $3.6 billion to $2.6 billion. Anywhere, a defendant, filed a motion to deny class certification, arguing that many proposed class members do not qualify under earlier settlement terms. The court is still deciding whether buyers who also sold homes—whose seller claims were covered by nationwide settlements—can remain in the buyer class; prior rulings in the Sitzer/Burnett and Gibson cases excluded such buyers.

Judge denies Zillow’s request to exclude Compass agent testimony in court.