Issue 118 – When Every Platform Promises Choice, The Real Question is Who’s Doing the Choosing

In a market already grappling with shifting commission structures, rising inventory friction, and a growing distrust of “rules that feel optional,” the recent legal sparring between a big-name brokerage and Zillow has reignited questions brokers can no longer ignore: Who actually controls access to the market and who benefits from that control?

To recap: According to The New York Times, MSN, and other major media vehicles, a real estate behemoth recently filed a lawsuit against popular home-buying website Zillow over one of its new rules. The suit claims it is the “Zillow ban” and suggests it violates antitrust laws.

As reported in The New York Times, “The lawsuit between two industry heavyweights marks a significant escalation in an ever-raucous debate over who controls home listings.”

The plaintiff “aims to give clients a competitive advantage by posting homes before they appear on Zillow, claiming the home listing platform is leveraging its market dominance and attempting to create a monopoly by imposing a block on other listings,” MSN explained.

“This lawsuit is about protecting consumer choice,” said the plaintiff brokerage’s CEO, Robert Reffkin, in a statement to multiple outlets, including CBS News. “No one company should have the power to ban agents or listings simply because they don’t follow that company’s business model.”

The filing alleges that “Zillow conspired with competing home-listing site Redfin to enact a similar policy, which is expected to take effect in September. The Federal Trade Commission (FTC) is now reportedly investigating a deal between Zillow and Redfin,” news reports said.

At the center of the dispute is a major brokerage brand’s advocacy for private exclusives and off-market strategies, and Zillow’s firm stance against listings that bypass the MLS before public exposure. Zillow has positioned itself as a defender of transparency and consumer access; the brokerage, as a champion of seller choice and strategic discretion.

But for brokers operating in today’s climate, the reality is far less binary.

Does This Help or Hurt Brokers?

The honest answer is: both — depending on how the lawsuit is used.

Private listings and off-market strategies can be powerful tools, offering brokers greater marketing flexibility, increased competition, and heightened transparency. Specifically, these tools:

  • allow sellers to test pricing without public days-on-market risk
  • create controlled environments for privacy-sensitive clients
  • can surface early demand in uncertain or transitional markets.

However, there are also downfalls to brokers, such as commission transparency, policy changes, and overall uncertainty.

When off-market strategies become the default rather than a deliberate listing option, brokers risk:

  • fragmenting buyer access by restricting access to a select pool
  • undermining trust in fair market exposure
  • creating internal echo chambers where pricing is validated by scarcity, not demand.

The lawsuit itself doesn’t change broker behavior, but it does spotlight a tension that already exists. Platforms want liquidity and scale; brokerages want leverage and differentiation.

Is the Lawsuit Even Relevant?

This is the more uncomfortable question.

Today, most major brokerages already give sellers the option to:

  • market privately
  • list as “coming soon”
  • test market demand internally
  • transact entirely off-market.

Buyers, meanwhile, are increasingly told: “This is how inventory moves now.”

So, is this lawsuit about protecting consumers or protecting platforms?

If sellers are knowingly choosing limited exposure, and buyers are willingly playing inside those constraints, then the debate isn’t really about fairness. It’s about who sets the rules of engagement.

The Real Risk

The danger isn’t private listings. The danger is normalizing opacity without accountability.

Markets work best when:

  • the strategy is intentional
  • trade-offs are clearly explained
  • exposure decisions are made with data—not fear.

Brokers who succeed in this environment won’t be the loudest advocates for one model or another. They’ll be the ones who can clearly articulate why a particular path serves a client’s best interest — and document it.

Bottom Line

This lawsuit is a double-edged sword: It champions agent choice in marketing but also forces major changes in commission transparency and presentation, creating both opportunities and challenges for brokers. 

This lawsuit isn’t a referendum on either Plaintiff or Defendant. It’s a mirror held up to the industry.

Choice is powerful. But informed choice is paramount.

While we do not know how any of this will shake out, the most valuable takeaway is that in a market where sellers can opt out and buyers must opt in, the broker’s role has never been more critical or more scrutinized.

Issue 122 – Foreign Demand Re-Emerges as Luxury Buyers Underwrite Political Risk

As we head into summer, we are seeing a very notable resurgence of international buyers entering the New York market — and frankly, in a way we haven’t seen in years.

Let’s explore why.

Historically, global capital gravitates toward stability, discretion, and internationally recognized assets. In New York City, that typically translates to park-facing residences, trophy properties, and globally recognizable “name-brand” buildings. These include Aman, Four Seasons, Related developments, and legacy Park Avenue or Central Park South product with strong service infrastructure and long-term value preservation.

Right now, buyers are looking for quality, security, and assets that feel insulated in uncertain times. NYC, despite all the headlines, remains a strong, long-term store of value internationally.

When there is instability abroad, New York City benefits. It offers legal transparency, deep liquidity, world-class education, finance, culture, and healthcare — and a real estate market that, while imperfect, is still well understood around the world.

What’s different now is that buyers are not necessarily purchasing because they think New York is “hot.” They are buying because New York is established. That is an important distinction: the capital is less speculative and more preservation-oriented. For many international families, a New York apartment is part lifestyle asset, part hedge, part legacy planning.

The headlines about wealthy buyers fleeing New York City are often too simplistic. Yes, some buyers have moved capital to Florida, Texas, or other lower-tax markets. But that does not mean New York has lost its global relevance.

The newly announced pied-a-terre/second-home tax in New York targets luxury second homes valued at $5 million or more, with the goal of creating an annual surcharge on non-primary residences. This proposal is certainly something international buyers are paying attention to, though it remains to be seen if this will impact continued investment. Rather than eliminating foreign demand, the tax likely makes buyers more selective, becoming part of the broader cost-of-ownership analysis alongside the mansion tax, carrying costs, and currency exposure. It may create pause around marginal purchases, but for a trophy asset, it won’t stop the buyer. It simply raises the bar for what feels worth owning.

The concern is less the dollar amount itself and more the perception. International buyers are highly sensitive to whether a market feels welcoming, predictable, and stable. Policy often moves perception before it moves fundamentals.

We’re consistently seeing foreign buyers generally gravitate toward turnkey product. The appetite for renovation or operational complexity is far lower than it once was. Buyers want ease, service, security, and a property that immediately translates internationally, both from a branding and lifestyle standpoint. For these global buyers, New York remains one of the few carrying both emotional and financial prestige.

Enter: Japanese buyers. The Real Deal recently reported a massive resurgence in Japanese capital, providing a lifeline to aging multifamily walk-ups. “Japan-linked firms have acquired at least $2.1 billion worth of New York City property since the start of 2024, according to analysis by Okada & Company and TRD Data,” the piece details.

This surge is driven by a stark yield gap: With low interest rates at home, Japanese buyers can borrow cheaply in Japan to acquire higher-yielding assets, a strategy supercharged by domestic tax incentives for multi-family purchases.

We are also seeing diversifying residential demand from Australian, Brazilian, Taiwanese, and Western Europe buyers. Eastern European activity is still highly selective compared to prior cycles, but international demand as a whole has undeniably re-entered the market. The usual suspects — such as Central Park South, Tribeca, Billionaire’s Row, and select Downtown properties — remain the primary anchors.

Target price points for these foreign investors vary by country of origin and the purchase’s purpose, with the most active international demand falling into clear segments:.

The serious lifestyle buyer ($3M to $7M): Typically targets a strong two or three bedrooms in a premier building, prioritizing service, security, and an easy lock-and-leave lifestyle.

The wealth-preservation buyer ($7M to $15M+): Focuses heavily on blue-chip locations — Central Park, Fifth Avenue, Park Avenue, Tribeca, Billionaires’ Row — or globally recognized branded residences.

The ultra-high-net-worth buyer: Prioritizes the asset above any price point, focusing on scarcity, pedigree, privacy, views, service, and long-term relevance. They are not asking, “Is this affordable?” They are asking, “Will this matter 10 years from now?”

Today’s foreign buyer is much more disciplined. They want turnkey and certainty. They want building quality, service quality, financial stability, and a residence that translates globally.

The biggest shift is that foreign buyers are not chasing the market — they are underwriting it. They are asking better questions: What are the monthly carrying costs? Who is the resale audience? How strong is the building financially? How liquid is this asset? Does this location hold value in multiple cycles?

Overall, cultural nuance matters more than ever. Buyers are underwriting not just the apartment, but NYC itself.

Five years ago, there was still more appetite for optionality — buyers were more willing to consider renovation, new development premiums, or speculative upside.

On the Japanese side specifically, what I’m noticing is a renewed comfort level with NYC real estate as a legacy asset class. The buyers I’m seeing tend to be highly analytical, long-term focused, and extremely quality-driven. They’re not chasing hype — they’re buying permanence.

The Brazilian and Australian buyers we’re seeing tend to be incredibly lifestyle-oriented while still highly aware of long-term value, whereas many Western European buyers continue to prioritize pedigree buildings, architecture, privacy, and stability. Taiwanese buyers similarly appear very focused on security, quality, and established global positioning.

For foreign investors, New York City still represents something very specific: legal stability, cultural prestige, liquidity, access, education, healthcare, and global identity. The buyers I’m seeing are not ignoring the headlines. They are simply looking past them when the asset is strong enough.

New York is no longer a market where everything trades easily. It is a precision market. But for the right property — the right building, the right view, the right service, the right location — foreign buyers are still very much there.

The common denominator across almost all of them is that they are buying selectively — but decisively — when the product feels globally relevant.

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