Multiple Listing Service (MLS) and Zillow Corporation Multiple Listing Service, MLS, Zillow, Trulia, National Association of Realtors, NAR Multiple Listing Service, MLS, Zillow - Easements and Encumbrances Nationwide

Home Sellers,

The homes in your neighborhood are essentially the same in terms of curb appeal, architectural style, construction grade, square footage, central living space, number of bedrooms, acreage, and views. Most are selling in the high $500s. Some are selling in the $600s. Your home is worth about $460k—maybe less.

Your home is just as attractive and functional as competing homes. Your lot is larger and more private than most. Unlike competing homes, you have a full basement with a second living room and two bedrooms. HOWEVER, your home has an encumbrance on it. This must be factored into the equation.

Unlike competing homes, the Multiple Listing Service (“MLS”) and Zillow Corporation are circulating a lengthy dossier on your home that shows your home to be a “slow mover” and a “tough sell”. A prospective buyer knows that, if he buys your home, when he later sells it, he’ll be expected offer a discount on account of the dossier. Maybe 20%. So, he’ll reduce the amount he pays you by 20%.

More sophisticated buyers will ignore your home altogether. They’re looking for homes that have never been touched by the MLS and Zillow. Pocket listings from day one. They know that when someone other than the owner of an estate has rights, or makes false assertions of the same, this can lead to not just lower market value, but also arguments about clean title.

For decades, the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) have been investigating and suing the companies listed above for illegal conduct. The case files are available on the websites of both agencies. However, their focus has been on violations of federal competition laws. They haven’t yet intervened on behalf of the homeowner.

But truth be told, this is your job. You, the homeowner, are responsible for enforcing your rights. Your state provides you with all the tools. Your state guarantees you the absolute rights of possession, control, exclusion, enjoyment, and disposition. Your state offers you protection from adverse possessors and interferers. Your state will interpret a contract as it’s written.

In every county, your state provides courtrooms with air conditioning and soda machines.
There, you’ll meet nice and reasonable people. If you want to do things “pro se” (solo), they’ll teach you how. They’ll probably cut you some slack on the procedural stuff. Just be sure you have your legal arguments well documented and committed to memory. As for court documents, everything is downloadable on the courthouse website.

In cases where an entity enters into a contract with the intent to exceed the scope consent for the purpose of causing financial harm, or otherwise acts with malice to commit fraud or deny rights, it’s appropriate to request that the corporate veil be removed. The president, board members, officers and/or directors of that entity should be exposed to personal liability. You can read about “lifting the corporate veil” online.

All and all, here’s the point. If the realty advertisers have devalued your property, somebody has to pay for that. And it shouldn’t be you. The operating activities of the companies listed above are at odds with state laws. You don’t have to pretend that they’re co-owners of your real property. You don’t have to pretend that web shoppers have rights. You don’t have to write “strongly worded” letters. You don’t have to be lectured to by a post-capitalist with a degree in social media from the University of Washington.

You write a court complaint and file it. If you want the rights you’re entitled to receive, you use the tools your state provides precisely for this purpose.