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You are here: Home / Market Updates / FTC Takes Action to Stop Online Home Buying Firm Opendoor from Cheating Potential Sellers with Misleading Claims about its Home-Buying Service

FTC Takes Action to Stop Online Home Buying Firm Opendoor from Cheating Potential Sellers with Misleading Claims about its Home-Buying Service

August 5, 2022 by Ron Henderson

As I’ve conveyed many times in the past, the iBuyer program costs sellers substantially compared to using the traditional market. The Federal Trade Commission came down on Opendoor, and no doubt Zillow saw this action coming down when they pulled out of their iBuyer operation.

Excerpts from the FTC ruling:

The Federal Trade Commission took action against online home buying firm Opendoor Labs Inc., for cheating potential home sellers by tricking them into thinking that they could make more money selling their home to Opendoor than on the open market using the traditional sales process. The FTC alleged that Opendoor pitched potential sellers using misleading and deceptive information, and in reality, most people who sold to Opendoor made thousands of dollars less than they would have made selling their homes using the traditional process. 

Opendoor’s marketing materials included charts comparing their consumers’ net proceeds from selling to Opendoor versus on the market. Those charts almost always showed that consumers would make thousands of dollars more by selling to Opendoor. In fact, the complaint states, the vast majority of consumers who sold to Opendoor actually lost thousands of dollars compared with selling on the traditional market, because the company’s offers have been below market value on average and its costs have been higher than what consumers typically pay when using a traditional realtor.

The agency’s investigation found that Opendoor also violated the law by misrepresenting that:

  • Opendoor used projected market value prices when making offers to buy homes, when in fact those prices included downward adjustments to the market values;
  • Opendoor made money from disclosed fees, when in reality it made money by buying low and selling high;
  • consumers likely would have paid the same amount in repair costs whether they sold their home through Opendoor or in traditional sales; and
  • consumers likely would have paid less in costs by selling to Opendoor than they would pay in traditional sales.

Enforcement Action

Opendoor has agreed to a proposed order that requires the company to:

  • Pay $62 million: The order requires Opendoor to pay the Commission $62 million, which is expected to be used for consumer redress.
  • Stop deceiving potential home sellers: The order prohibits Opendoor from making the deceptive, false, and unsubstantiated claims it made to consumers about how much money they will receive or the costs they will have to pay to use its service.
  • Stop making baseless claims: The order requires Opendoor to have competent and reliable evidence to support any representations made about the costs, savings, or financial benefits associated with using its service, and any claims about the costs associated with traditional home sales.

When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $46,517.

If you are in the Los Angeles area, and have any questions or real estate sales or financing needs, feel free in contacting me

Ron Henderson GRI, SRES, SFR, RECS, CIAS
President/Broker
Multi Real Estate Services, Inc.
Gov’t Affairs Chair – California Association of Mortgage Professionals (2017-2018)
Chairman – OutWest Marketing Meeting (Real Estate Education)
BRE #00905793 NMLS #310358
www.mres.com
ronh@mres.com
Specialist in the Art of Real Estate Sales and Finance
Real Estate market, mortgage rates, Los Angeles, San Fernando Valley, Conejo Valley, Simi Valley, Woodland Hills, West Hills, Calabasas, Chatsworth

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Filed Under: Market Updates, Regulations and Laws Tagged With: California Real Estate market, FTC action against Opendoor

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