Compass seeks Redfin CEO docs in Zillow case, alleges ‘conspiracy’ 

In Compass' lawsuit against Zillow, the brokerage is turning its attention to Redfin CEO Glenn Kelman in an effort to find out what he knew about Zillow's plans to unveil new standards for listings — and when he found out.

Meanwhile, the U.S. Supreme Court declined to hear a case involving the use of floor plans in marketing a home, allowing an appeals court ruling to stand.

Compass requests Redfin docs in Zillow case: In a letter filed Oct. 24 in the U.S. District Court for the Southern District of New York, Compass attorney Chahira Solh asked the court to compel Redfin to produce three documents in response to Compass' subpoenas.

The requested documents include draft blog posts that the letter said Kelman prepared between April 10 and April 14, as well as an unredacted copy of the rental agreement that Redfin and Zillow entered into earlier this year. Solh wrote that the rental agreement is relevant because it "gave rise to the conspiracy directly challenged in this case."

Compass filed its lawsuit in June in response to Zillow's policy barring listings that are publicly marketed but not widely available through the multiple listing service. The policy, which Zillow announced in April, took effect at the end of June.

"The fact that Zillow paid Redfin $100 million only a few months before Zillow and Redfin adopted their policies is highly probative of the existence of the conspiracy between Zillow and Redfin alleged here," Solh wrote in reference to the companies' rentals deal.

Proving whether Kelman knew about Zillow's policy change before it was announced publicly — which blog post drafts on the topic might indicate — is significant, Solh argued.

While Redfin initially joined Zillow in adopting new standards for listings, Redfin had not started enforcing this new policy as of Oct. 27 due in part to the company's acquisition by Rocket, according to Inman.

Years-long floor plans case comes to a close: Last week, the U.S. Supreme Court declined to hear an appeal in a case involving two brokerages that were sued for creating and using floor plans in marketing a home. In doing so, the court let stand an appeals court's ruling that including floor plans in listings constitutes fair use.

"This decision is great news for anyone looking to buy or sell their home," Wendell Bullard, chair of NAR's Legal Action Committee, told Realtor magazine. "Floorplans are vital pieces of information for consumers, which is why the Legal Action Committee and Amicus Brief Advisory Board recommended supporting the brokerages from the very beginning. At the same time, this result provides protection from potential liability to real estate professionals everywhere when listing a house with a floorplan."

The case began in 2018 when Designworks Homes sued two Missouri real estate firms for copyright infringement.