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Pay To Play?

Whenever you do a Google search, chances are the top results will have paid to be there. Most people don't realize this, even though it will state "Sponsored Result" quite boldly. Do a similar search on some of the real estate aggregators, and it will say something like "Contact An Agent" first, then a screen will pop-up and it will say the buyer agent you are being connected to advertises with that aggregator, slightly different to saying:

"The buyer agent you are being connected to pays XYZ aggregator to be the contact for this property that they are not associated with in any way, and may know little to nothing about it and the owner of this property had absolutely no say in the matter."

 

Pay to Play is nothing new. The items on the upper shelf at the grocery store do it. The people who visit houses of parliament (federally and locally) do it. Donors to all sorts of things do it. Most don't realize just how much reward is given to those who provide special favors, usually for personal profit or power. These days it is rampant everywhere.

 

eXp Realty and Zillow are currently named together in a second, amended class-action lawsuit filed in Washington federal court (as of April 2026) that accuses them of engaging in a "fraudulent enterprise" designed to trick homebuyers and inflate costs. The lawsuit, which originated as a case against Zillow's "Flex" program in 2025, alleges that Zillow works with brokerages like eXp to steer customers toward Zillow affiliated agents and lenders, violating consumer protection laws and the Real Estate Settlement Procedures Act (RESPA). The Key Allegations Against eXp and Zillow include Deceptive Steering: Plaintiffs allege that when buyers click "Contact Agent" on Zillow, they are not connected to the listing agent but to a "Flex" agent (often with eXp Realty) who pays Zillow up to 40% of their commission. 

 

eXp Realty was added to the lawsuit in April 2026 due to its promotion of the Zillow Flex program (e.g., via YouTube videos) and its agents acting as buyers' agents in these allegedly deceptive transactions. The suit alleges that Zillow requires Flex agents to use "Follow-Up Boss," an internal tool used to monitor communications between agents and clients to ensure they use Zillow Home Loans. The complaint claims Zillow and eXp act to restrict consumer choice, forcing buyers to use specific, more expensive lenders and agents. 

 

We should all watch this closely. It seems the world may have forgotten that listing agents have a Fiduciary responsibility to their clients, the seller, to act in the seller's best interests. Think about this in the context of everything we are addressing at this moment in time

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