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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.

14 of 231 comments (clear)

  1. Solution by 110010001000 · · Score: 4, Interesting

    To fix this, "take ownership" of your property on Zillow and edit the property details and add an extra 1,000 sqft to it. Magically your value will go up. Thats what I did 5 years ago!

  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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    -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
  3. Re:Nobody believes the Zestimates by fustakrakich · · Score: 5, Interesting

    Okay, so they suck. Should they be censored over it? Because this is what is being demanded.

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    “He’s not deformed, he’s just drunk!”
  4. Re:Nobody believes the Zestimates by 110010001000 · · Score: 4, Informative

    The argument is a Zestimate is a type of appraisal. And appraisals have legal requirements that must be met.

  5. Dead petunias in CA... by __aaclcg7560 · · Score: 5, Interesting

    A roommate and I rented the front unit of a triplex in Silicon Valley after the dot com bust. I had planted some petunias in the front yard, got busy with life, and let the petunias die. While we were out in front one day, a little old lady came up to tell us that the dead petunias in our front yard lowered the value of her house down the street by $25K. I asked her if she was selling her house. She said no. I asked her how she knew that the value of her house dropped by $25K if it wasn't up for sale. She walked away in a huff.

    1. Re:Dead petunias in CA... by AthanasiusKircher · · Score: 4, Interesting

      That seems about as accurate a method as Zillow. I bought a house several years back (well after the big crash) for a bit more than Zillow's supposed "estimate." But the price seemed right given improvements to the interior that Zillow's broad brush algorithm wouldn't know about.

      Six months later, out of curiosity I somehow ended up on Zillow's site and looked up my house. The estimate, which was already undervalued, dropped by over 10%. Zillow lets an owner post an alternate estimate of value, so I noted the professional appraisal done before my purchase was significantly higher. A couple years go by, and Zillow keeps dropping the value of the house, even though houses in the neighborhood kept selling for similar $/sqft to what I paid. At the lowest point, Zillow's estimate was about 30% lower than the house was appraised... Even after I had provided that info.

      I was so confused about all this that I signed up for an email alert just to see what might happen. Suddenly one day there's a flurry of activity looking at my house (even though it wasn't listed for sale). And suddenly overnight the estimate is bumped up by $50,000, then more. But the weirder thing is that Zillow displays a graph of what it claims were the historical "Zestimates" for the property over the last 5 years or whatever -- and that graph was suddenly altered to erase the inexplicable and continuous drop in value that it had previously registered. So Zillow not only made huge mistakes, but they completely hid them as if they had never happened.

      Anyhow, less than a year after Zillow's value went back up inexplicably, I sold the house for quite a bit more than even Zillow's revised estimates (and made a reasonable profit, even though Zillow claimed my home value was going down for the vast majority of my time in the house).

      This was an old house in a very established neighborhood, and there were no rapid swings in value there, even when the crash happened. So, given my personal experience, I'd say Zillow deserves this lawsuit -- as a new homebuyer, I definitely paid attention to those estimates, but now I know firsthand that they can be complete BS. And Zillow will clearly hide the fact that they even made a major valuation error.

  6. Re:1 Infinite Loop, Cupertino, CA 95014 by __aaclcg7560 · · Score: 5, Funny

    You'd think that they'd filter out buildings like that.

    Especially with undesirable tenants living there.

  7. 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.

  8. Re:Nobody believes the Zestimates by Ol+Olsoc · · Score: 4, Interesting

    The argument is a Zestimate is a type of appraisal. And appraisals have legal requirements that must be met.

    That's a rather odd argument. No one looks at the house, or goes inside. the neighbor posting on Facebook that they think the house should be valued less would be as equal a lawsuit target.

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    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  9. Re:Nothing to see here, just another housing bubbl by ArmoredDragon · · Score: 5, Interesting

    Or maybe all the cigarette and pot smokers moved out because federal law applies to the apartment complex and smokers have to go outside the gates to smoke.

    There is no such law. An apartment manager might tell you that just to get you to cooperate, but there's no actual law requiring that. However, as per the Fair Housing Act, if one tenant has breathing problems and another nearby tenant smokes, they can force the smoking tenant to move to another unit and/or move out of the complex entirely. If the landlord doesn't comply and doesn't forcibly move that tenant, they can get sued.

    The apartment I used to live in had rules requiring that all smoking happen off premises, which was just their own bylaw that you had to agree to when you signed your lease. However, the one I live at now doesn't; they just have to be in certain designated areas.

    No matter what though, in the event of any kind of dispute, the law (rightfully, IMO) tends to discriminate against the smoker's civil rights if they conflict with that of a nonsmoker's civil rights.

  10. Re:Nothing to see here, just another housing bubbl by AvitarX · · Score: 5, Interesting

    There's also insurance issues.

    Apartments that totally ban smoking get discounts on it, since they've banned a major source of fires.

    Smoking bans are generally market based, not law based.

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  11. 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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    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  12. Re:Nobody believes the Zestimates by Anonymous Coward · · Score: 5, Funny

    i'll offer you $400 for the house

  13. 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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