Zillow implemented a two-tab system for home listings, separating MLS from non-MLS due to an optional NAR rule, despite its disagreement with the rule. REX, which ceased brokerage operations in 2022, sued Zillow and NAR, leading to a court trial that examined antitrust claims, with most dismissed except for a false advertising case. In September 2023, the jury found in favor of Zillow, ruling that REX failed to demonstrate harm from Zillow's listing practices. REX's attempt for a retrial was denied, and the appeals indicate ongoing legal disputes around brokerage practices.
In its request for a new trial, REX argued that it was unfairly prevented from presenting testimony about agent commissions to the jury.
Judge Thomas Zilly ruled that REX did not prove Zillow used false advertising in its decision to put non-MLS listings on a different section of the website.
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