The lawsuit initiated by REX against Zillow accused the real estate platform of unfairly limiting exposure of certain listings due to a new two-tab design that followed NAR rules. Although Judge Zilly dismissed most of REX's antitrust claims, he allowed claims related to false advertising and unfair trade practices to proceed. Ultimately, a jury ruled that REX failed to prove its case against Zillow. Following unfavorable judgments, REX sought a new trial, which resulted in an appeal after being denied, emphasizing ongoing legal complexities in real estate listings and competition.
The court ruled that the no-commingling rule isn’t direct evidence of concerted action by Zillow or NAR, allowing Zillow's actions to stand.
While REX's false advertising claim was initially permissible, at trial the jury found REX did not sufficiently prove Zillow’s deceptive practices in listing.
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