Key facts
- Zillow has filed a motion to dismiss the Taylor-Armstrong lawsuit with prejudice.
- The lawsuit alleges Zillow violated RESPA and the Washington Consumer Protection Act.
- Plaintiffs claim Zillow required agents to steer homebuyers to Zillow Home Loans for leads.
- Zillow argues mortgage preapproval letters are not settlement services under RESPA.
- The company also claims a cooperative brokerage safe harbor would protect it.
- Judge James Robart previously dismissed the lawsuit but allowed plaintiffs to amend their complaint.
Zillow is seeking to have the Real Estate Settlement Procedures Act (RESPA) claims against it in the combined Taylor-Armstrong lawsuit dismissed with prejudice, which would prevent the plaintiffs from refiling their case. The company filed its motion on Tuesday, arguing that the plaintiffs have failed to correct the deficiencies previously identified by Judge James Robart of the U.S. District Court for the Western District of Washington.
In its filing, Zillow contends that the plaintiffs have not alleged sufficient facts to support their RESPA or Washington Consumer Protection Act (WCPA) claims, despite opportunities to amend their complaint. Zillow stated that the plaintiffs continue to assert the same claims tied to pre-approval letters and performance metrics that the court previously found insufficient.