Compare Clever Real Estate and OJO Home

For Sellers

Partner Agents
25%-40%
Referral Fee
Clever Real Estate does not provide real estate services to home sellers. Instead, this company matches consumers with various real estate agents in exchange for an undisclosed referral fee. Referral fees set by such networks range anywhere between 25%-40% of the entire agent’s commission.

For Sellers

Partner Agents
Undisclosed
Referral Fee
OJO Home is a broker that does not provide real estate services to home sellers. Instead, this company matches consumers with various real estate agents in exchange for an undisclosed referral fee. Referral fees set by such networks range anywhere between 25%-40% of the entire agent’s commission.

For Buyers

Partner Agents
25%-40%
Referral Fee
Clever Real Estate does not provide real estate services to home buyers. Instead, this company matches consumers with various real estate agents in exchange for an undisclosed referral fee. Referral fees set by such networks range anywhere between 25%-40% of the entire agent’s commission.

For Buyers

Partner Agents
Undisclosed
Referral Fee
OJO Home is a broker that does not provide real estate services to home buyers. Instead, this company matches consumers with various real estate agents in exchange for an undisclosed referral fee. Referral fees set by such networks range anywhere between 25%-40% of the entire agent’s commission.
Question: What is the difference between Clever Real Estate and OJO Home?
Answer: Both Clever Real Estate and OJO Home function as a referral fee network that enables broker-to-broker collusion with use of blanket referral agreements.
Compare Clever Real Estate and OJO Home for home buying and selling. HomeOpenly is an impartial and an open resource focused on trending real estate services, portals and start-ups.

First published: 22 October 2020
Last updated: 08 September 2021

Buying and Selling with Clever Real Estate

WARNING: Unlawful Kickbacks, Broker-to-Broker Collusion, False Marketing, Wire Fraud, Price Fixing.

Clever Real Estate is a broker-to-broker collusion scheme, where "partner agents" unlawfully agree to pay massive kickbacks to receive your information and engage in market allocation, consumer allocation, false advertising, unlawful kickbacks, wire fraud, and price-fixing practices in violation of, inter alia, 18 U.S.C. § 1346, 18 U.S.C. § 1343, 15 U.S.C. § 1, 15 U.S.C. § 45, 12 U.S.C. § 2607, 12 C.F.R. § 1024.14. As a consumer, you will always significantly overpay for Realtor commissions subject to hidden kickbacks and pay-to-play steering promoted in this scheme.

United States federal antitrust laws prohibit consumer allocation and blanket referral agreements between real estate companies.

Be smart; do not allow your information to be "sold as a lead" to a double-dealing Realtor in exchange for massive commission kickbacks paid from your future home sale, or your future home purchase.


Clever Real Estate is a referral fee network designed to collect fees by matching consumers with local real estate agents willing to pay it. Clever Real Estate operates as a licensed real estate brokerage in Missouri under License #2017042277, but it does not produce any services that are typically offered by real estate agents and does not represent consumers when buying or selling real estate in any State.

When consumers submit information to Clever Real Estate, this information is simply shared in exchange for an undisclosed fee with real estate agents in a process known as a "blind match."

Clever Real Estate Pricing

Clever Real Estate revenue comes from undisclosed referral fees. Referral fees set by such networks range anywhere between 25%-40% of the entire agent’s commission.

Listing Services

  • This Service Does Not Represent Sellers

Buyer's Agent Services

  • This Service Does Not Represent Buyers

Clever Real Estate Editor's Review:

Clever Real Estate is a referral network that claims it does not endorse, validate, or recommend any legal agreements between homeowners and buyers and real estate professionals, but we find these claims to be false.

Using its website, Clever Real Estate engages in a process known as price fixing because it sets listing rates and rebates for independent real estate professionals using the network.

Clever Real Estate sets a flat listing fee of $3,000 for homes sold under $350,000 and 1% listing fee for homes sold over that amount; for home Buyers Clever Real Estate sets a 1% rebate. For purposes of the present discussion, brokerage fees are always negotiable and no broker should set rates and rebates for other brokers. Each firm should establish its own policy as to its fee structure and charges, amount of commissions, and rebates.

Price fixing is prohibited by federal antitrust legislation. Individual agents must never discuss, or set rates with brokers outside of their own company. By setting rates and rebates for other brokers across the United States, Clever Real Estate operates with a sole purpose to collect referral fees, where such service effectively results in lower quality of service, pay-to-play bias, and a "blind match" with agents willing to participate.

Consumers using this network have zero control over what agents the company shares their information with. Instead of being "sold as leads" consumers looking for a competitive and fair representation can consider negotiating directly with real estate agents, or with help from unbiased consumer-focused online services that do not collect referral fees.

Why Price-Fixing Damages Consumer Experience

Clever Real Estate claims to connect consumers with an agent who will charge $3000 or 1% of the home, and that their "service" is free. First of all, Clever Real Estate is not free, their fees are simply hidden within a referral fee that the agent will pay after the transaction.

More importantly, price-fixing is an uncompetitive practice, and every agent who participates with Clever Real Estate is a participant in the scheme. Saving consumers from having to pay excessive brokerage fees can never be justified with price-fixing, especially in exchange for a financial gain between brokers.

Antitrust laws are essential for real estate professionals. Real estate professionals customarily operate in cooperation and competition with one another, a practice that presents a host of opportunities for antitrust violations. In reality, it is easy to comply with antitrust laws. Agents simply need to be aware of the rules and take care to conduct business lawfully.

Several laws combine to form the core of federal antitrust laws, but the Sherman Act is the primary piece of these regulations. Section 1 of the Sherman Act states: “Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce … is declared to be illegal.” This means that (1) there must at least two parties agreeing to take action, and (2) the agreed-upon action must restrain free trade.

The parties in this case are Clever Real Estate and any broker they refer you to. These two independent parties are carrying out a common course of action by setting fixed commissions with the use of blanket referral agreements for mutual financial gain.

Agents must never agree on commission rates or rebate amounts with any outside party. Agents must take care to avoid even the implication that they have discussed or reached an agreement about their service fees, service offerings, and rates due to any outside influence.

Commission rates should never be fixed through collusion. All commissions and rebates must be set by each real estate agent individually and may only be negotiable between the consumer and the real estate agent.

Further, it is a per se violation of antitrust laws for brokers to set “standard” compensation that will be paid to other brokers. Referral fees amount paid to Clever Real Estate (the money it receives for your information) are "blanket" fee agreements.

Real estate agents (only when they act in full brokerage capacity) may discuss or negotiate the referral fees concerning an individual transaction, but real estate professionals are not allowed to enter into “uniform” or “blanket” agreement on how a commission will be split, or a “standard” referral fee paid. The reason for this is exactly the premise behind the Clever Real Estate business model – brokers (yes, Clever Real Estate is a broker) work to steer consumers toward other brokers in exchange for a pre-arranged referral fees.

From this discussion, it becomes clear that quality and honest real estate professionals establish pricing for their services independently, and without any kickbacks. The truth is, every single agent is different, and every single agent has an individual commission structure.

While Clever Real Estate price fixes an arbitrary rate for all agents, such proposition becomes absurd when comparing home transactions worth $15 Million to home transactions worth $150,000 in different states, rural, or urban areas, variable market conditions, etc. Obviously, in some situations, consumers' interest maybe with the lowest fees, in other cases, consumers are looking for the most experienced agents, etc.

The true VALUE of any real estate agent is their ability to negotiate honestly. If an agent is unwilling to negotiate competitive terms in compliance with the law, there is no reason for consumers to assume that they will be willing to negotiate competitively when it comes to their home purchase or a home sale.

Why Does Clever Real Estate Engage in Price Fixing?

Clever Real Estate is a price-fixing and a consumer allocation scheme between licensed brokers. All price-fixing agreements are illegal "per se" regardless of whether they are reasonable or not. Whatever economic justification particular price-fixing agreements may be thought to have, the law does not permit an inquiry into their reasonableness. They are all banned.

Clever Real Estate engages in price-fixing because it needs a "dangling carrot in front of consumers" to "reasonably" justify the kickbacks it takes from the brokers who patriciate in the scheme. This dynamic is better known as a hub-and-spoke conspiracy. Clever scheme produces absolutely no tangible service as a licensed broker to anyone and instead delivers either inflated prices, lower quality of service, or, more likely, both. The scheme originates as a conspiracy to restrain trade and to funnel consumers toward the scheme and away from the open market. There are hundreds of thousands of highly competitive Realtors® who offer great savings and great service, and they refuse to pay kickbacks or to comply with the price fixed rates set by Clever.

The kickback is the principal origination point for Clever Real Estate. The kickback is the reason why Clever sets listing commission rates and buyer rebates for Realtors® outside their firm. ALL consumers and ALL legitimate Realtors® are scammed by Clever Real Estate, even if the experience and savings may seem "good enough" because price-fixing is a faulty shortcut to genuine open competition between Realtors®. By law, all Realtors® must compete for consumers and set prices individually. Open competition is at the core of our free and independent society everywhere in America.

The Realtor® commissions in the United States have long suffered from the "standard" 6% myth and the false notion that "buyer agents work for free." However, these myths cannot be resolved with price-fixing of commissions to some other level, in exchange for kickbacks. ALL Realtors® who participate in the Clever Real Estate scheme are engaged in price-fixing. The Sherman Act imposes criminal penalties of up to $100 million for a corporation and $1 million for an individual, along with up to 10 years in prison. No legitimate Realtor® will ever willingly allow themselves to be exposed to such massive liability.

The best, highly-experienced, well-educated, law-abiding, honest, and ethical Realtors® will never participate in price-fixing because it is a felony that carries massive penalties. The best Realtors are able to recognize price fixing as wrong because they respect the true value of honest negotiations.

The prices set by Clever Real Estate are not for the services that they offer, but for services offered by their direct competitors – other brokers. When Clever Real Estate refuses to compete with these brokers and instead organizes "partner agents" into a network, it breaks an entire host of basic principles that guide our open and fair markets. Moreover, Clever brokerage, which is based in Missouri, extends this conspiracy all across the United States, making the scheme highly damaging due to the scaled use of the Internet to transmit collusion. The Internet, like any other scaled information medium, can be used to transmit competition just as easily as collusion.

The short answer is: Clever Real Estate's intent to fix prices is directly tied into the kickbacks it receives from the "partner agents." This dynamic is archived by allocation of consumers to competitors and by the restraint of genuine competition. The "standard commissions" problem in the residential real estate sector can only be fixed legally by encouraging Realtors® to set and advertise competitive prices to consumers at scale without paying any kickbacks. Kickbacks cost thousands in open market savings lost to consumers.

Update: on June 19, 2019, Clever Real Estate has originated a request to the editor asking for this review to be removed.

The following is a link to the notice originated by Clever Real Estate, dated June 19, 2019.

The following is a link to the reply written by the editor of this review, dated June 28, 2019.

Where does Clever Real Estate operate?

Clever Real Estate currently operates in select areas across United States.

Buying and Selling with OJO Home

WARNING: Unlawful Kickbacks, Broker-to-Broker Collusion, False Marketing, Wire Fraud, Price Fixing.

OJO Home is a broker-to-broker collusion scheme, where "partner agents" unlawfully agree to pay massive kickbacks to receive your information and engage in market allocation, consumer allocation, false advertising, unlawful kickbacks, wire fraud, and price-fixing practices in violation of, inter alia, 18 U.S.C. § 1346, 18 U.S.C. § 1343, 15 U.S.C. § 1, 15 U.S.C. § 45, 12 U.S.C. § 2607, 12 C.F.R. § 1024.14. As a consumer, you will always significantly overpay for Realtor commissions subject to hidden kickbacks and pay-to-play steering promoted in this scheme.

United States federal antitrust laws prohibit consumer allocation and blanket referral agreements between real estate companies.

Be smart; do not allow your information to be "sold as a lead" to a double-dealing Realtor in exchange for massive commission kickbacks paid from your future home sale, or your future home purchase.


OJO Home is a referral fee network designed to collect referral fees by matching consumers with local real estate agents willing to pay it. OJO Home operates under a variety of broker licenses, mainly two issued by the Texas Real Estate Commission as OJO Home Inc. 9007689 and OJO Home LLC 9008342, but it does not produce any services that are typically offered by real estate agents and does not represent consumers when buying or selling real estate in any State. In exchange for matching consumers with an OJO Home Partner Agent, OJO Home is compensated by the Partner Agent with an undisclosed percentage of their commission. As of June 2020, OJO Home further operates a real estate online brokerage Movoto. When users are ready to talk to an in-person agent, OJO refers clients to a Movoto agent, or Partner brokerage.

OJO Home Pricing

OJO Home revenue comes from undisclosed referral fees. Referral fees set by such networks range anywhere between 25%-40% of the entire agent’s commission.

Listing Services

  • This Service Does Not Represent Sellers

Buyer's Agent Services

  • This Service Does Not Represent Buyers

OJO Home Editor's Review:

For consumers, OJO Home promises real estate assistance as a lead nurturing platform and a transaction manager. The platform is supposedly able to learn a buyer's preferences via machine learning and match them with homes that fit their needs. By gathering consumers' home preferences and budgets, OJO communicates conversationally through mobile text as a personal advisor throughout the home-buying process.

For real estate professionals, OJO Home promises a scalable, high-touch experience that reflects well on a brokerage and helps increase closings by scrubbing leads as they come in and nurturing buyers with unique insights powered by machine learning. Once a homebuyer is prepared, a home concierge initiates a live transfer to the Partner Agent. OJO representatives give Partner Agents all the background information on the homebuyer to make the transition as warm as possible. This handoff helps ensure both consumers and agents alike receive the most seamless, hassle-free experience. OJO claims to help real estate professionals to create stronger, better-informed connections with buyers and sellers and keeps them engaged until they're ready to get down to business.

For Partner Agents, there is no upfront cost to join OJO to receive leads and referrals. The referral fee is paid on each lead that results in a close.

In other words, OJO Home is a middle-man that scrubs consumer's information and passes it along to a broker who is willing to pay for it with a cut of their commission. All options offered to consumers by OJO Home suffer from pay-to-play bias. If a broker is unwilling to give a portion of their commission to OJO Home, the company has no interest in recommending them. The following is a set of statements taken from OJO's Terms of Service that all, effectively, show that OJO takes no responsibility for their recommendations.

"OJO will process lead inquiries from a variety of sources including but not limited to: your brokerage's website, your brand's website, and leads you have acquired from the major national search portals (e.g. Zillow, Homes.com, Realtor.com, Trulia, etc.)."

"We ingest your leads from your various sources (website, Realtor.com, etc.) in real time and will call leads in as quickly as 10 seconds. We do the legwork to get a customer on the phone and facilitate the live transfer to the first-available agent once a buyer is ready to be connected."

"By using the OJO services, you agree to receive phone calls and text messages from us and our partners. By using the OJO services, you expressly authorize OJO, its affiliated companies and its partners (described below) and each such entity's employees, contractors and software (collectively, "Service Provider") to communicate with you by phone and text at the wireless phone number provided or any other number that you may provide in the future. You understand that message and data rates may apply based upon the terms of your wireless service provider contract. You also agree that methods of contact may include use of auto-generated text messages or an automated telephone dialing system, even if you've registered that number on a Do-Not-Call registry, and that my consent to text messages and phone calls is not a condition to using any Service Provider's services. If you do not consent to receive these texts or calls, do not use the OJO service or provide your information to us."

"We do not endorse or recommend the products or services of any service provider and are not an agent or advisor to you or any service provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of service providers. It is your responsibility to investigate any service providers before you engage them. You acknowledge and agree that these service providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a service provider's products or services."

"OJO is not a real estate agent or lending institution or other service provider. Instead, we, through the OJO services, may help to connect you with service providers that might meet your needs based on information provided by you. OJO does not, and will not, make any credit decision with any service provider referred to you. OJO does not issue mortgages or any other financial products."

"By accepting a referral to one of our Referral Partners, you grant us permission to share your User Data with the Referral Partner so that they may offer their products or services to you."

"When you accept a referral to one of our Referral Partners, you acknowledge that you are purchasing any products or services offered by the Referral Partner directly from them and that OJO is not a party to any agreement between you and the Referral Partner with respect to those products and services; and OJO is not responsible for that Referral Partner's products or services, the content therein, or any claims that you or any other party may have relating to that Referral Partner's products and services."

"By using the OJO services, you hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a service provider's products or services, including any fees charged by a service provider."

Clearly, OJO is a biased platform designed to funnel consumers toward brokers who pay them a kickback at the close of consumers' transactions. Consumers using OJO Home have zero control over what agents the company shares their information with. Instead of being "scrubbed" and "sold as leads" consumers looking for a competitive and fair representation can consider negotiating directly with real estate agents, or with help from unbiased consumer-focused online services that do not collect referral fees.

Conflicts of Interest

According to OJO Home, "When a consumer is ready to connect with an agent, up to five qualified agents are contacted via text message. The first agent to respond wins the opportunity. Upon responding to the consumer notification, the agent will receive a phone call for a warm transfer within one minute. This phone call must be answered promptly or the consumer introduction will go to another agent."

OJO Home doesn't care which agent, specifically, picks up the phone first, but it does care that the match is made only to someone in their referral network.

"After the introductory call with the consumer, agents will receive a text message with a link to update their profile in the Agent Dashboard. Agents will then receive bi-weekly reminders to update their buyer and seller profiles as they move further down the path toward closing on a new home."

This process is established to keep OJO Home informed about what stage of the transaction process the consumer is in. OJO Home needs to understand when the broker will close the deal and when it will receive a referral fee from the sale or purchase of the home. This means that OJO Home receives intimate details about consumers' transactions from Partner Agents.

According to one OJO Home Partner Agent, Sharon S. from Atlanta, GA, "Signing up was really easy. I also love that I can choose what kinds of leads I want and they show up on my phone. I'm talking to new clients within a few minutes. It's pretty neat."

Of course, this is a neat consumer brokering scheme, where agents pick "what leads they want" and consumers are steered only toward agents who choose to cut in OJO Home with a major share of their commission. In this scenario, consumers' needs are "ingested" and "warmed-up" for the agent.

Antitrust Implications

In reality, OJO Home is a broker-to-broker collusion scheme that scrubs consumer's information and passes it along to a colluding broker who is willing to pay for it with a cut of their commission. All Partner Agents agree to pay OJO Home a pre-arranged referral fee, on all closed transactions, through their employing broker. A referral agreement between OJO Home and a Partner Agent for a random transaction that may or may not happen sometime in the future is executed in advance.

OJO Home engages in consumer and market allocation schemes with Partner Agents brokerages, because it is a broker itself. Instead of representing consumers to help buy and sell homes, this "paper" brokerage actively disengages from its licensed activities so that every Partner Agent knows that OJO brokerage will not compete with them. OJO Home does not act in a real estate brokerage capacity, instead, their real estate license is used to collect a blanket referral fee from the largest number of brokers possible.

Sherman Act effectively requires all active real estate brokers to proactively compete for consumers. An agreement or an understanding between brokers not to compete for a mutual profit is a "per se" violation of antitrust regulations in the United States.

The amount of a referral fee between brokers must be negotiated with respect to an individual transaction. It is a per se violation of the Sherman Act for real estate brokers to agree on a "standard" referral fee that will be paid for producing a client. Real estate professionals are not allowed to enter into blanket referral agreements between one another because such agreements always restrict free trade.

Brokers are not allowed to organize their operations into any collusion schemes and networks, and instead, all brokers must compete for consumers on a fair playing field. Legitimate agents who choose to not engage in the OJO referral scheme are harmed as well because consumers are steered away in a highly competitive real estate market.

To comply in good faith with RESPA (12 U.S.C. 2607) Section 8 exception for cooperative brokerage and referral arrangements, legitimate real estate agents must render referral agreements in a particular instance for a particular transaction.

Actions of OJO Home "paper" brokerage directly increase the costs of owning homes in the United States due to added blanket referral fees, consumer allocation practices, and reverse completion between brokers. Partner Agents in the scheme have no incentive to compete for consumers with lower fees, instead, they have an incentive to compete for OJO Home' attention. In this scheme, both colluding parties benefit from offering consumers higher commissions. OJO Home promotes Partner Agents as somehow "superior" to those outside of the network, thus limiting free-market competitive forces and steering consumers in self-interest toward a network of very few agents who chose to agree to participate in the scheme.

As a licensed brokerage, OJO Home owes absolutely no duty of care to consumers and takes no responsibility for the transaction, despite receiving a direct financial benefit from the home sale or purchase completed by a third-party referred brokerage.

Where does OJO Home operate?

OJO Home currently operates in select areas across United States.