Last week, Compass referenced an Oct. 13, 2025 blog post from Zillow, which noted that since Zillow notified agents of non-compliant listings over the summer, about 90% of agents who receive a notice receive only one. According to Zillow, this shows that the majority of agents want to keep their clients’ listings broadly visible.
However, Compass claims this shows that Zillow “used its enormous power to block approximately 90% of agents from publicly marketing properties from Zillow’s website – something agents across the country previously did at the express request and instruction of their clients.”
In its response, Zillow claims that it did not seek listing exclusivity and that Compass has not or will not suffer any harm if these standards are upheld.
“Compass has not and will not face irreparable harm. The evidence shows that Compass has continued to implement it [three-phased marketing]does not assess Zillow’s standards as a material risk and has misled its agents and customers about how the standards work,” the filing said. “When Compass agreed to acquire a major competitor, EverywhereIn a transaction involving the sale of only shares, Compass did not provide any written notice that the standards could pose a risk to Compass’ future performance. Compass also did not disclose that the standards pose a material risk to investors. Compass cannot tell this Court that it will suffer irreparable harm, but it can tell investors, agents and customers the opposite. Compass cannot have it both ways: either the Standards will cause irreparable harm that has not been disclosed to investors or counterparties, or, more likely, there will be no such harm.”
Zillow also pushed back against Compass’ claims that it is a monopoly.
“Compass’s arguments for monopolization fail across the board because Zillow has no market power in any online home search market, where barriers to entry are low, and Compass has made no effort to refute Zillow’s pro-competitive reasons for the standards,” the filing said.
The listing portal giant also reiterated its argument that it has no “duty to deal” with Compass or its private listings.
“Compass’s claim fails as a matter of law because it relies on Zillow’s refusal to do business with a putative rival – Compass – based on the rival’s preferred terms,” the filing states. “A perceived monopolist has no obligation to deal with a perceived rival on any terms.”
Zillow also claims the order jeopardizes its First Amendment rights.
“Compass asks the court to compel Zillow to display Compass’s listings that conflict with Zillow’s mission, which jeopardizes Zillow’s First Amendment rights and revokes its freedom to determine the content of its platform,” the filing said.
Hearing next week
The two firms will clash next week at a hearing on Compass’ preliminary injunction, which aims to block Zillow from enforcing its policies on access to lists.
Zillow concludes its response by arguing that if the court were to grant Compass’s injunction, it would harm consumers, as Zillow believes that forcing the company to display Compass’ private listings would fragment the market, mislead consumers, and compromise the quality and transparency of Zillow’s platform.
“The proposed ban is contrary to innovation and competition,” the filing said. “164,000 pages of documents, 16 depositions, five interrogatories and two expert reports have continually undermined Compass’s PI Motion.
In an emailed statement, a Zillow spokesperson wrote that the company is not backing out of this fight.
“As Americans struggle to access and afford housing, Compass wants to hide its available listings from the public. Hidden listings harm consumers, agents and smaller brokers; Zillow’s standards protect against those harms,” the spokesperson wrote. “The Compass hidden listing system benefits Compass alone; Zillow’s standards benefit the entire market. Sellers deserve the broadest audience possible, and buyers shouldn’t have to wonder which homes they’re not seeing. Real estate works when it’s fair, equal, open and transparent, so Zillow champions that transparency.”
Compass did not return immediately HousingWire‘s request for comment.
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