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Zillow Faces Lawsuit Over 'Zestimate' Tool That Calculates a House's Worth (washingtonpost.com)

According to The Washington Post, "a homeowner has filed suit against online reality giant Zillow, claiming the company's controversial 'Zestimate' tool repeatedly undervalued her house, creating a 'tremendous road block' to its sale." From the report: The suit, which may be the first of its kind, was filed in Cook County Circuit Court by a Glenview, Ill., real estate lawyer, Barbara Andersen. The suit alleges that despite Zillow's denial that Zestimates constitute "appraisals," the fact that they offer market-value estimates and "are promoted as a tool for potential buyers to use in assessing [the] market value of a given property," shows that they meet the definition of an appraisal under state law. Not only should Zillow be licensed to perform appraisals before offering such estimates, the suit argues, but it also should obtain "the consent of the homeowner" before posting them online for everyone to see. In an interview, Andersen told me she is considering bringing the issue to the Illinois attorney general because it affects all property owners in the state. She has also been approached about turning the matter into a class action, which could touch millions of owners across the country. In the suit, Andersen said that she has been trying to sell her townhouse, which overlooks a golf course and is in a prime location, for $626,000 -- roughly what she paid for it in 2009. Houses directly across the street but with greater square footage sell for $100,000 more, according to her court filing. But Zillow's automated valuation system has apparently used sales of newly constructed houses from a different and less costly part of town as comparables in valuing her townhouse, she says. The most recent Zestimate is for $562,000. Andersen is seeking an injunction against Zillow and wants the company to either remove her Zestimate or amend it. For the time being, she is not seeking monetary damages, she told me.

11 of 231 comments (clear)

  1. Nobody believes the Zestimates by mspohr · · Score: 1, Insightful

    They are a very crude tool using broad, flawed algorithms. If you want a real appraisal, hire an appraiser.
    Real estate professionals know they are wrong but they will be happy to use them as an excuse to try to knock down the price of a house they are buying or pump up the price of a house they are selling.
    I have no idea of their legal standing but it seems this suit is on shaky ground.

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    1. Re:Nobody believes the Zestimates by Anonymous Coward · · Score: 3, Insightful

      Zillow is crap and their estimates are hugely flawed. Have seen them value homes that just sold for more than 20% less. Their algorithms are hokum.

      But, it's a great way to get stupid buyers to the table. They want the house, and will always pay more if you know how to negotiate.

    2. Re:Nobody believes the Zestimates by Pascoea · · Score: 3, Insightful

      It's a fairly decent algorithm but by no means complete

      Their algorithm is smoke and mirrors.

      I bought my house in 2013 for $235k. I would get an e-mail from them every other month or so, saying "your zestimate increased/decreased, here is the new one". I have a few of those e-mails still hanging around my inbox, the latest was from February of this year, saying my Zestimate was now at $315. A month ago my neighbor listed his house, for about $279, my Zestimate mysteriously dropped to 289, and the history never comes anywhere near the $315.

      Now, I know they have the right to change their Zestimate, it is their site after all, but why the unabashed altering of their own historical data? That part doesn't make sense.

    3. Re:Nobody believes the Zestimates by AvitarX · · Score: 4, Insightful

      To me this reads as a homeowner over valueing their home (I saw this a lot when shopping FSBO trying to save). The houses across the street are selling, this home owner is missing something about why theirs is not. They are blaming the zestimate instead. Just like when I was shopping, and people were comparing their house to slightly smaller but nicely remodeled homes to their old carpet sad kitchen ones.

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    4. Re:Nobody believes the Zestimates by Dutch+Gun · · Score: 5, Insightful

      No, the question is whether they should be regulated. Appraisals have specific regulations, so if people are using this service in lieu of actual appraisal services...

      To me, this seems a bit like Uber claiming "we're not a taxi service" while blatantly offering a slightly different sort of taxi service. Just because they claim "this isn't an appraisal service" doesn't mean it actually *isn't* an appraisal service. They may end up winning if there's a legal definition of "appraisal" that they don't match, of course. I really don't know enough about appraisals or this case to have much of an opinion.

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    5. Re:Nobody believes the Zestimates by Drethon · · Score: 3, Insightful

      No, the question is whether they should be regulated. Appraisals have specific regulations, so if people are using this service in lieu of actual appraisal services...

      To me, this seems a bit like Uber claiming "we're not a taxi service" while blatantly offering a slightly different sort of taxi service. Just because they claim "this isn't an appraisal service" doesn't mean it actually *isn't* an appraisal service. They may end up winning if there's a legal definition of "appraisal" that they don't match, of course. I really don't know enough about appraisals or this case to have much of an opinion.

      An actual appraisal does require a certified appraiser, at least in some situations: "All states require appraisers to be state licensed or certified in order to provide appraisals to federally regulated lenders. Some states require appraisers to be licensed or certified to provide appraisals for other parties as well." http://www.appraisalinstitute....

      This seems to me a bit like suing a website that provides free legal advice with the caveat that they are not lawyers so their advice has no legal standing.

  2. Take Ownership! by ranton · · Score: 4, Insightful

    Take ownership of the property on Zillow and at least put in the correct details. Zillow doesn't even have the square footage of the apartment; of course it's Zestimate is going to be worthless. There are no details other than it is a 3 bedroom 3 bath townhouse. This is one dumb real estate agent.

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    1. Re: Take Ownership! by Anonymous Coward · · Score: 2, Insightful

      I strongly suspect that you aren't actually qualified to opine, or make authoritative statements, on matters of law. I'm sure your ego is to fail to admit this, so this post is written with the intent of informing others. I also, strongly, suspect that you'll actively reject being informed. You needn't respond, my time is better used elsewhere.

    2. Re:Take Ownership! by AvitarX · · Score: 3, Insightful

      When I file taxes, it's through a website too.

      Does that make it legal to alter them for my favor?

      I mean they make me promise I'm telling the truth when I do my taxes, but so does zillow when I take ownership.

      Smarter to admit it's fraud, but untraceable, and you only made it more accurate (aside from the square footage).

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  3. Re:Nothing to see here, just another housing bubbl by 110010001000 · · Score: 4, Insightful

    Or maybe people don't want to live in your neighborhood. Or maybe they earn $50k as an IT contractor in Silicon Valley and can't afford it.

  4. Zillow isn't accurate, but buyers don't rely on it by gurps_npc · · Score: 3, Insightful

    1) I agree that Zillow is not accurate. It consistently mis-priced my condo for a long time. Among other things, it doesn't account for the quality of the interior at all. Nor does it properly take into account 'equivalents', which in NYC may be restricted to other condos in a specific building, and not include condos across the street.

    2) I also agree that Zillow should have a better 'user complaint' form, specifically if a licensed appraiser submits a value, they should willingly replace their estimate with it.

    3) But requiring them to be licensed is silly.

    4) Also, no serious buyer would use the Zillow price rather than a price a Realtor suggested. Realtors know about the issues in #1 and account for it. At most you will be eliminating those people too cheap to use a realtor.

    This is not going to reduce your price sold by more than 3%, and is unlikely to increase it either (unless you get someone not using a realtor who is also foolish enough to ignore the licensed appraisal.)

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