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CFPB Investigating Zillow – Brokers Consider RESPA

May 12 2017

alertInman News journalist Andrea Brambila broke the story on Thursday that Zillow is under investigation by the CFPB. Apparently this has been happening for two years.

According to Brambila, "The program, launched in June 2013, allows 'Premier Agents' who pay for advertising on Zillow Group's apps and websites to invite lenders to share marketing costs by paying Zillow Group to appear as 'Premier Lenders' in advertising alongside the agent."

What Should You Do?

Brokers should take immediate action. Agent activities are supposed to be supervised by the broker. We do not know who is going to become the target of the CFPB. That is the funny thing about regulators. Perhaps they find Zillow complicit, but I would expect that there is a possibility that they pursue the mortgage company and the real estate community who are also knowingly involved in the practice.

Brokers need to establish a defensible position, especially if you are a large firm. Here are a few ideas. Be sure to document your efforts in the even that you need to defend yourself against the wrath of the CFPB.

1. Send notice to your agents alerting them to the concern
2. Have office meetings to educate agents about the concern to educate agents on RESPA

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