Redfin might not be a defendant in Compass’s lawsuit regarding Zillow’s listing access standards policy, but that doesn’t mean the firm has been shielded from the fray. 

In a letter filed on Friday, Compass asked Judge Jeanette A. Vargas of U.S. District Court in New York City, to force Redfin to provide three documents related to Redfin’s own listing standards policy.

Redfin announced its policy just days after Zillow announced its policy, which bans listings that have been publicly marketed for more than one business day prior to being input into the MLS. However, unlike Zillow who began enforcing its policy in late June, Redfin has yet to enforce its nearly identical policy, despite it being set to go into effect in September. Redfin has confirmed that the enforcement of its policy is on hold due to its acquisition by Rocket Companies. 

In the letter, Compass noted that is has already deposed Redfin CEO Glenn Kelman and has issued two subpoenas looking for documents related to Redfin’s delayed listing standards policy and the firm’s rental syndication deal with Zillow, which is currently under scrutiny from the Federal Trade Commission (FTC), and five states’ attorneys general.

According to the letter, in addition to these documents, Compass is now asking Redfin to turn over the draft versions of Kelman’s blog post announcing its listing standards policy.

“The draft blog posts are highly relevant to Compass’s claims and to demonstrate the merits of its Section 1 [Sherman Antitrust Act] claim at the preliminary injunction hearing,” the letter states. “The fact that Redfin’s CEO drafted a blog post regarding the Zillow Ban before Zillow had publicly announced its policy is significant.”

In addition to these requests of Redfin, Compass and Zillow filed a separate joint letter asking Judge Vargas to address some issues before the fast approaching preliminary injunction hearing, which is scheduled for Nov. 18 2025.

The dispute over an agent’s testimony

The largest dispute between the two firms involves a Compass affiliated real estate agent, who Compass wishes to call as a witness at the preliminary injunction hearing, during which Compass is hoping to convince the court to block Zillow from enforcing its policy.

Zillow takes issue with the late disclosure of this witness, as the list for “first-party fact witnesses,” which Zillow feels the agent is, despite being an independent contractor and not an employee, was due back in August. According to Zillow, Compass had no good reason to delay the disclosure of this witness and that if the agent is allowed to testify it will prejudice Zillow. 

Additionally, Zillow argues that it was denied the opportunity during fact discovery to take into account whatever evidence Compass intends to elicit from the agent.

In contrast, Compass argues that the court will benefit from the agent’s testimony and that the agent has information relevant to the preliminary injunction motion. 

“The Agent will explain – from a perspective that no other witness can provide – that Zillow is a monopolist and that she cannot run her small business if blocked by Zillow, that she and her clients value options to market homes, that the Zillow Listing Access Standards has changed how she competes with other agents and the options she provides for home sellers, and that the Zillow Ban has changed how brokers in her community compete with each other and the options that home sellers in her community have,” the letter states. 

Compass also states that it did not include the agent on its original witness list because the agent only received notice from Zillow that her listing was in violation of the policy in mid-October. 

The parties are asking Judge Vargas to quickly rule on this dispute so they can prepare for the impending hearing. 

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