Zillow Lawsuit, Secure 2.0, and FHA Condo Push: Big Shifts in Real Estate

This week’s mortgage and housing news brings into focus a growing theme: legal and regulatory shake-ups with major implications. The headline is the new Zillow lawsuit, a class-action case that accuses the listing giant of deceptive agent practices tied to its Flex program. At the same time, updates from the Secure 2.0 Act offer new implications for retirement-age homeowners navigating housing decisions. And finally, industry advocates are calling on the FHA to expand access to condo financing in line with Fannie and Freddie. If you’re in real estate, it’s a good week to pay attention.

Class-Action Zillow Lawsuit Alleges Agent Deception

Read the Full Story → The Seattle Times

A new Zillow lawsuit filed in Washington claims the platform misleads homebuyers through its “Flex” agent program. The suit argues that when consumers click “Contact Agent” on a Zillow listing, they’re routed to agents who pay Zillow a referral fee, not to the actual listing agent as many assume.

The lawsuit says these agents often give up nearly 40% of their commission to Zillow in exchange for leads—fees that aren’t disclosed upfront to buyers or sellers. The plaintiffs argue this setup reduces buyer leverage, inflates transaction costs, and lacks necessary transparency.

If this Zillow lawsuit succeeds or gains momentum, it could lead to stricter disclosure requirements across the industry, not just for Zillow. Either way, it’s another spotlight on agent transparency and compensation models.


Secure 2.0 Act Brings Homeowner Implications

Read the Full Story → Realtor.com

The Secure 2.0 Act has introduced retirement changes that go beyond 401(k)s. It includes adjustments to Required Minimum Distributions (RMDs), catch-up contributions, and tax incentives—all of which intersect with homeownership and retirement planning.

For aging homeowners, changes to withdrawal timelines and penalty rules could affect cash flow, property tax planning, or even when to downsize. More flexibility in accessing retirement funds might offer opportunities to better align home and financial goals.

It’s a law that will roll out in phases, so homeowners—especially retirees—should speak with advisors about how Secure 2.0 might shape their housing decisions.


Advocacy Groups Push for Expanded FHA Condo Access

Read the Full Story → Scotsman Guide

Industry advocates are urging the FHA to allow loans on condo units already approved by Fannie Mae and Freddie Mac, even if they don’t meet the FHA’s stricter criteria. The current approval process shuts out many otherwise viable condos from FHA financing.

With condos being more affordable than single-family homes in many areas, expanding FHA access could help more first-time and low- to moderate-income buyers get into the market. This is especially crucial in high-cost metros.

The proposed change would align FHA policy more closely with the GSEs, potentially unlocking a new wave of condo inventory for FHA-backed buyers.


Loan Officer Perspective

The Zillow lawsuit reminds us that transparency is critical—and being upfront with clients about who’s getting paid and how can build long-term trust. As more borrowers become aware of referral structures, proactive explanation can be a major value-add.

Secure 2.0 is a unique opportunity to help older clients think holistically about their finances and home strategy. And if FHA expands its condo policy, loan officers will be key in guiding buyers through new financing options as more units become eligible.

Real Estate Agent Perspective

Real estate pros not working with platforms like Zillow Flex may find this Zillow lawsuit is a great way to differentiate themselves as local and fully transparent. It’s a chance to showcase trust and clarity.

Agents should also keep an eye on Secure 2.0—not just for their own planning, but for clients asking financial questions. A little understanding goes a long way.

And when it comes to condos, now’s the time to check whether your favorite buildings are FHA-eligible. If changes happen, you’ll want to move fast with buyers ready to jump.

Home Buyer & Seller Perspective

For buyers, the Zillow lawsuit is a reminder to always ask: Who is this agent? Are they affiliated with the listing? Who’s paying who? More transparency means fewer surprises and better decisions.

Retirees should look into Secure 2.0’s changes. If you’re selling, moving, or downsizing, these rules may affect your timeline and tax planning.

If you’re looking at condos, you may soon have more FHA options. That could open up inventory and improve affordability. Questions about these topics? Contact the loan officer or agent who shared this post—they can help clarify what these changes mean for you.


Frank’s Thoughts

Seems like real estate is the go-to industry for class-action lawsuits lately. If you’re not getting sued, are you even in the game? All jokes aside, these suits tend to follow where the money flows—and there’s a lot of it in referral systems.

Honestly, I find it hard to believe most buyers didn’t know the agent they were talking to wasn’t the listing agent. That said, when trust is lost in any part of the process, people start calling lawyers. The industry should take note.

Still, it’s a bit much. Someone should file a class-action lawsuit against law firms—for filing too many class-action lawsuits. But seriously, we all need to keep ahead of these changes, because they’re coming fast and they will reshape the way we do business.



Frank Garay is a nationally recognized mortgage industry leader, co-founder of The National Real Estate Post and the Loan Officer Breakfast Club. Named to the Inman 100 list of the most influential in real estate and featured on Fox News, Frank now shares timely mortgage and real estate insights through LOBC In The News to help industry professionals stay ahead.