NeighborCity explained

NeighborCity
Type:Private
Industry:Real Estate Information Services
Foundation:2007
Founder:Jonathan Cardella
Key People:Jonathan Cardella, Founder and CEO, Ali Vahabzadeh, President and COO
Parent:American Home Realty Network

NeighborCity was a residential real estate information and service company that rated real-estate agents in the United States, offering a way for buyers and sellers of homes to compare and evaluate agents.[1] [2] [3] [4] It was based in San Francisco.

The company rated almost every member of the National Association of Realtors in the United States, based on transaction and listing history. NeighborCity analyzes agents' performance based on closing rate, number of closings, number of active listings, geographic specialization, number of days on market, rate of dual agency, sales price per square foot, and the difference between ask and sale price, for the homes they sell.[5] NeighborCity provides an evaluation of the quality of service delivered by agents, with respect to their clients' interests and relative to competing real-estate agents.[5]

The company also maintained a national database of real-estate listings. The site recommended corresponding independent buy-side real estate agents next to each for-sale listing, along with a performance score and a link to a detailed professional profile for each recommended agent.

NeighborCity ended and its assets were donated to Consumer Advocates in American Real Estate (CAARE).

History

Jonathan Cardella founded NeighborCity in 2007, and he served as the company's chief executive officer. Ali Vahabzadeh was the president and chief operating officer.[6] The company is owned and operated by American Home Realty Network, Inc. (AHRN), a licensed California real estate brokerage.[7]

By 2018 NeighborCity's assets had been donated to the non-profit Consumer Advocates in American Real Estate (CAARE).[8] As of 2021 the NeighborCity url redirects to CAARE.[9]

Business model

NeighborCity used real-estate transaction and listing database information from national sources to construct its rankings. NeighborCity received a portion of the commission earned by brokers on closed transactions that result from referrals.

Lawsuits over IP rights to listing data

NAR and MLS suits

In March 2012, shortly after NeighborCity provided the public performance rankings of National Association of Realtors members, Metropolitan Regional Information Systems filed a civil lawsuit against AHRN/NeighborCity claiming copyright violations by using MLS real estate listing information to craft its realtor-rating database. Northstar MLS of St. Paul, Minnesota, followed suit with similar litigation in April 2012.[10]

NeighborCity alleged that the suit was brought to prevent buyers and sellers from getting accurate information about the performance of individual brokers., and asserted that the lawsuits had no merit, stating that because the plaintiffs had failed to comply with requirements of the Copyright Act for copyright registration and that information for which the plaintiffs claimed ownership was not subject to copyright.[11]

Initial judicial opinions in both cases addressed the issue of what is subject to copyright protection. The court upheld NeighborCity's claim in determining that the MLS listing data does not qualify for copyright protection because facts, including property features such as "main floor full bath" and "whirlpool," are not protectable works to which the MRIS and Northstar MLS can claim ownership; however, the court found that photographs and property descriptive texts are likely to be copyrightable.

In November 2013, a Maryland Federal District court found that NeighborCity "adequately alleged" a conspiracy among multiple MLSs and the National Association of Realtors.[12]

Berkshire Hathaway suit

In May 2013, Berkshire Hathaway subsidiary HomeServices of America filed a similar lawsuit against NeighborCity.com for reuse of photos from its (subsidiaries') listings without express permission.[13] NeighborCity filed a countersuit claiming anti-competitive practices. The litigation among the parties included lawsuits in federal courts in Minnesota and North Carolina.[14] HomeServices of America announced settlement of both of these lawsuits in September 2014.[15]

AgentMatch dispute

In November 2013, NeighborCity sent to realtor.com, operator of Move, Inc., a cease-and-desist letter alleging that Move's AgentMatch tool infringed on NeighborCity's trademark of the term "Agent Match" and that the tool potentially infringes on a 2010 patent application filed by NeighborCity.[16]

See also

Notes and References

  1. Web site: Carrns. Ann. New Battle on Providing Real Estate Agent Performance Data. The New York Times. May 2012. 17 February 2013.
  2. Web site: Masnick. Mike. Fight Over Real Estate Listings Escalates As NeighborCity Counters Copyright Claims With Antitrust Accusations. 11 October 2012 . TechDirt. 17 February 2013.
  3. Web site: About NeighborCity. NeighborCity. 17 February 2013.
  4. News: Slind-For. Victoria. Vuitton, Facebook, NeighborCity: Intellectual Property. Bloomberg. 23 May 2012 . 17 February 2013.
  5. Web site: Restuccia. Paul. Real estate agent ranking site rankles its neighbors. 13 May 2012. BostonHerald.com. 17 February 2013.
  6. Web site: NeighborCity. AngelList. 17 February 2013.
  7. Web site: MRIS injunction against NeighborCity applies only to photographs. 21 November 2012 . Inman News. 17 February 2013.
  8. Web site: Neighborcity was a great consumer-friendly business that was innovative and challenged the real estate cartel.. CAARE . https://web.archive.org/web/20180421072456/http://www.caare.org/caare-supports-neighborcity/ . 21 April 2018 . 16 November 2021.
  9. Web site: Neighborcity donated their web traffic to CAARE.org. . 16 November 2021.
  10. Web site: Brambila. Andrea V.. NeighborCity hit with MLS copyright lawsuits. Inman News. 17 February 2013.
  11. Web site: Fuller. Matt. Neighborcity.com alleges NAR, MRIS, NorthstarMLS violate anti-trust laws: op/ed. AGBeat. 17 February 2013.
  12. Web site: Neighborcity.com to have its day in court in NAR antitrust suit . Inman. 10 January 2014.
  13. Web site: Berkshire Sues NeighborCity.com in IP Dispute . Mary Dumon . Technorati . 2013-10-17 . 2013-05-22 . dead . https://web.archive.org/web/20131021063312/http://technorati.com/technology/article/berkshire-sues-neighborcitycom-in-ip-dispute/ . 2013-10-21 .
  14. News: Listing firms battle in federal court . Jane F. . Pribek . Minnesota Lawyer . 2013-07-18 . 2024-05-17.
  15. Web site: HomeServices of America, Inc. Announces Settlement of Copyright-Infringement Lawsuit . 2014-09-03 . 2024-05-17 . HomeServices of America.
  16. Web site: NeighborCity hits Move with cease-and-desist letter over 'AgentMatch' tool . Inman News . January 11, 2014.