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Move, NAR sue Zillow and Errol Samuelson

Move, Inc. and the National Association of Realtors have sued Errol Samuelson not for his leaving without notice, but questionable circumstances like wiped hard drives.

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According to court documents filed in the State of Washington, a lawsuit has been filed by the National Association of Realtors (NAR) and Move, Inc. (operator of realtor.com, Top Producer, SocialBios, ListHub, and several other companies) against Zillow, Inc. and Errol Samuelson.

The suit alleges breach of contract, breach of fiduciary duty, and misappropriation of trade secrets. In a statement, Steve Berkowitz, CEO of Move said, “we take our trade secrets and intellectual property extremely seriously as a valuable asset in our competitive position in the marketplace. We take action in cases in which we believe our trade secrets have been compromised. We have raised this matter for the courts and believe that the matter will be resolved judiciously.”

When Errol Samuelson, former president of realtor.com and Chief Strategy Officer at Move, Inc. left to become Zillow’s Chief Industry Development Officer, reactions ranged from criticism of Move, calling it a poaching of talent, to a criticism of Samuelson, calling it a betrayal to the industry as NAR members own and have an operating agreement with Move (which competes with Zillow).

Lawsuit alleges that Samuelson destroyed evidence

Court documents state that “Each quarter that he was employed by, and an officer of, Move, Mr. Samuelson certified in writing that he had read, understood, and would abide by Move’s Code of Conduct and Business Ethics,” which includes a “Conflict of Interest” clause and forbids employees from releasing proprietary and confidential information during and after his employment.

Further, the suit states that Samuelson arranged to defect to Zillow, destroyed evidence by erasing all memory from the iPhone, iPad, and laptop issued to him for business purposes by Move, and then resigning from Move without notice.

Last week, we also questioned the timing, wondering if it was designed to hurt Move, Inc. company stocks, or benefit Zillow in some capacity, which Move and NAR clearly agree with via their lawsuit.

The truth is that during his tenure at Move, Samuelson was promoted to a position that was so encompassing, that his job entailed knowing the inner workings of Move companies as well as the National Association of Realtors. The role will not be filled as it once was, rather remain broken into parts and functions will be filled by various people.

Samuelson isn’t the only one

Don’t consider this the last lawsuit to be filed, as Zillow announced today that Samuelson’s replacement, Curt Beardsley jumped ship today as well to become Zillow’s Vice President of Industry Development.

Also, this probably shouldn’t be considered the last high ranking official that will leave for Zillow in this apparent coup – their pockets are deep and they’re clearly willing to use their assets. Next quarter’s SEC filings will shed more light on just that.

This story was originally published on AGBeat on March 17, 2014.

Lani is the Chief Operating Officer at The Real Daily and sister news outlet, The American Genius, and has been named in the Inman 100 Most Influential Real Estate Leaders several times, co-authored a book, co-founded BASHH and Austin Digital Jobs, and is a seasoned business writer and editorialist with a penchant for the irreverent.

Real Estate Corporate

Zillow’s new patent: Determining regional rate of return on home improvements

(CORPORATE NEWS) Zillow has been granted dozens of patents of late, threatening any tech or real estate brand using the broad ideas they’ve laid claim to.

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Zillow is back on our radar after acquiring the latest in a long list of vague, over-reaching patents (that our government continues to grant to them). This time, they’re going after data – specifically regional rates of return on home improvements.

The patent in question describes a “facility” (later described as a “computer-readable hardware device”) that can estimate housing prices in a given geographic area, but the real crux of the patent is the home improvement feature. The aforementioned facility can be used to determine how much of a financial return will be present upon completion or categorization of work done on a specific property within that same geographic framework.

Sales estimates generated by this facility will also take into account “type[s]” of home improvement, thus further streamlining Zillow’s notorious “Zestimate” feature.

The way this process works is also mentioned in the patent. According to the abstract, the facility takes regional data regarding homes’ “attribute values” and then compares that data to any available home improvement information. An analysis involving that information along with the difference between the sale price of a property and Zillow’s automatic valuation generates an estimate of the rate of return on the home improvements in question.

As far as Zillow patent grabs go, it’s worth noting that this one has a high degree of specificity in its description – something that was missing from many of the other patent applications they’ve filed in the last decade or so – though some aspects of the patent lapse into Zillow’s aloof rambling of late.

For example, the background on the patent says that “…the facility may use a wide variety of modeling techniques, house attributes, and/or data sources. The facility may display or otherwise present its home improvement rates of return in a variety of ways.” That isn’t particularly specific to a style of data representation, freeing up the real estate giant to enforce this patent on a more general level.

And the problem with the remaining specificity is that it details everything from the natural flow of data and the process of comparison to the physical configuration of the hardware used to process that data – which may make it difficult for many technologists in the space to generate similar data without falling into the dangerous zone of violating the patent simply by using common sense.

This is the M.O. over at Zillow Group. Unfortunately, the patent was just granted, which means smaller real estate ventures will need to keep an eye on the way they process regional data pertaining to home improvement values.

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Real Estate Corporate

Viva – the startup that gives renters equity as they rent

(TECHNOLOGY) Viva launched as a pretty brilliant model – give renters back equity as they rent, foster future buyers, and build a property portfolio.

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Renting often feels like a necessary evil, one which is compounded by the fact that renters are unable to build equity – through no fault of their own. A company called Viva thinks they have a solution for this systemic issue: third-party equity.

Viva is a startup with the main goal of allowing renters to earn a certain amount of equity per month.

The process itself is fairly straightforward: Renters in Viva-managed properties have the opportunity to earn up to eight percent of their rent back in equity per month. This equity is stored in the form of a rebate that can be reclaimed once the renter’s lease is up.

I say “up to” eight percent because, according to Viva, certain tasks–mild, “unskilled” maintenance and general upkeep of the property–are assumed to be the renter’s responsibility (unless otherwise dictated elsewhere); failure to maintain a presentable property can result in a lower percentage of rent going to your equity.

While that sounds like it opens the door for picky landlords to dock renters for arbitrary issues, Viva assures them that they “expect the vast majority of all tenants to earn the full 8% every month.”

That equity can be tracked via Viva’s online portal and payment receipts from each month of rent.

Once a renter’s lease expires, they can request their equity in the form of a rebate; it can also come in the form of a housing credit should the renter want to put it toward their next property.

On the landlord side, Viva charges a relatively high 16 percent for management: eight percent for renter equity, and eight percent for general management fees.

While this sum is higher than the average 10 percent cited on Viva’s FAQ, they point out that their eight percent covers more things (maintenance and “community engagement”) than a usual maintenance fee.

Viva also posits that people who live in properties they manage will be more dedicated to maintaining those properties, thus cutting down on long-term costs.

Viva’s goal of creating a third viable option that nestles between renting and buying couldn’t come at a better time in terms of the housing market. Both renters and landlords will want to keep an eye on this venture as they develop.

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Real Estate Corporate

This Zillow patent application is WILD, threatens entire real estate industry

(NEWS) Zillow has applied for another patent on their mission to outgun the entire real estate industry – will the government grant them yet another win?

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Zillow has added yet another crippling entry to their long list of patent grabs, this time focusing on a computation model that emphasizes 360-degree videos’ role in creating floor maps.

The patent, if granted, would give Zillow domain over the process of recording, analyzing, and presenting such videos in conjunction with real estate services.

The official title of the patent is “Generating Floor Maps For Buildings From Automated Analysis Of Visual Data Of The Buildings’ Interiors,” leaving little to the imagination: The respective processes of creating, analyzing, and sharing those floor maps all fall under the heading of the patent.

The patent also specifies “automated operations” in the abstract, implying that the method of capture all the way through analysis and sharing could be performed automatically via the aforementioned “computing devices.”

Zillow clearly intends to use the results of this process for both further development of their automation (“controlling navigation of devices”) and for customer use while viewing properties virtually (“display on client devices in corresponding GUIs”).

The videos themselves can be “continuous” in that they are recorded by a camera moving seamlessly through the house from room to room; similarly, the videos may be “acquired without obtaining any other information about a depth from the path to any surfaces in the house,” resulting in what one might identify as the modern equivalent of a virtual tour.

The end result of such a video, at least for clients, is the ability to view and control an uninterrupted sequence of movement through a property. At any given time, the client could theoretically pause and “look around” using the 360-degree controls; this process would, ultimately, simulate actual movement through the home.

Naturally, this patent is worrying for the same reason Zillow’s past patents have been problematic: It’s too broad.

360-degree video is an obvious choice for real estate services looking to create a virtual experience that is interchangeable with an in-person tour, and–between accessibility issues and social distancing protocols of the last year–it’s an increasingly necessary option for real estate providers who want to stay afloat.

If Zillow is able to secure this patent, competitors will have to find another way to create their virtual tours–one that, in the ever-tightening web of options not proprietary to Zillow, is sure to drive even the most loyal clients into Zillow’s patent-snatching arms.

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