Compare UpNest and Open Listings

For Sellers

Referred Agents
30%
Referral Fee
UpNest does not provide real estate services to home sellers. Instead, this company matches consumers with various real estate agents in exchange for a 30% referral fee. UpNest results suffer from pay-to-play bias because the network does not match consumers with agents unwilling to pay 30% of their commission to UpNest.

For Sellers

Not Applicable
0
No Rates
Open Listings does not offer listing services to consumers.

For Buyers

Referred Agents
30%
Referral Fee
UpNest does not provide real estate services to home buyers. Instead, this company matches consumers with various real estate agents in exchange for a 30% referral fee. UpNest results suffer from pay-to-play bias because the network does not match consumers with agents unwilling to pay 30% of their commission to UpNest.

For Buyers

Buyer’s Savings
50%
Commission Rebate
When Open Listings represents buyers, it contributes 50% of its total Buyer's Agent Commission (2.5%-3%) as a way to financially compete for buyer’s business. Home buyers do not pay any taxes on the amount, the refund amount is always tax-free.
Question: What is the difference between UpNest and Open Listings?
Answer: UpNest is a referral fee network that enables broker-to-broker collusion with use of blanket referral agreements while Open Listings is a buyer’s real estate agent and a referral fee network
Compare UpNest and Open Listings 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: 17 February 2019
Last updated: 25 April 2021

Buying and Selling with UpNest

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

UpNest 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.


UpNest works as a referral fee network that collects pricing and services data from a limited pool of Referred Agents and sends it to consumers as non-binding proposals. UpNest operates as a licensed real estate brokerage in California under BRE License # 01928572, 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 UpNest, this information is simply sold to real estate agents who are willing to pay for it with a 30% share of their commission. If an Agent does not want to pay a referral fee, the consumer will not see any proposals from them using the UpNest platform.

UpNest claims to provide savings, but consumers are likely to overpay for their Referred Agent's commission due to added mandatory 30% referral fee.

UpNest Pricing

UpNest revenue comes from referral fees and sale of user data.

Listing Services

  • This Service Does Not Represent Sellers

Buyer's Agent Services

  • This Service Does Not Represent Buyers

UpNest Editor's Review:

UpNest is a referral fee network in business to collect fees for matching brokers with consumers. Referral fees are highly disadvantageous for real estate consumers because these are hidden and not negotiated. One of the major expenses for real estate consumers, when buying or selling a home, is real estate service fees and closing costs associated with the purchase, or sale.

Service fees and closing costs are, for the most part, a necessary expense. Real estate agents significantly help home buyers and sellers to navigate a complicated and competitive real estate process in exchange for a legitimate commission as a reward. Other closing fees usually include required services such as property appraisals, inspections, title insurance, etc. – all in some way help to legitimize the sale and to manage risk. There can be much said with regards to managing closing costs by choosing a motivated competitive agent who is willing to offer a buyer’s refund or a competitive listing rate.

On the other hand, while claiming it saves money to consumers, UpNest simply adds referral fees into already a fee-ridden process – consumers experience false and fabricated savings in this model. In economics, this process is known as reverse competition.

The platform works with a limited pool of Referral Agents willing to pay a very significant part of their commission to UpNest. This referral fee is back-loaded into Referred Agent's agreement, instead of being handed to the consumer directly. The consumer technically does not pay UpNest, but he/she ends up with a higher cost of commissions when working with their Referred Agent. UpNest is not a free platform, these fees are simply hidden.

Let's say a real estate consumer, James, wants to hire a buyer’s agent in one of the States that allow buyer's rebates when buying a median-priced home for $250,000. A local competitive buyer’s agent, Jill, offers James a 50% buyer's refund while helping him in this process. This is a typical refund Jill is able to organically negotiate with all her customers. The estimated commission refund, in this case, is $3,750 paid back to James from Jill in a form of buyer's refund, assuming a 3% Buyer’s Agent Commission.

On the other hand, James also receives non-binding proposals using UpNest platform from Referred Agents with a 30% referral fee attached to the back of every proposal. When James is faced with these types of proposals, results are quite different. Firmly assuming that the profit margins and service offerings remain the same for Jill and Referral Agents using UpNest, any possible buyer's refund offered by Referral Agents must be reduced to account for the UpNest referral fees. The referral fee in this scenario estimated at $1,125 due to UpNest from a Referral Agent. With the profit margin fixed, the estimated commission refund a Referral Agent may offer to James is now only $2,625.

James just effectively “paid” UpNest $1,125 for a service that is supposed to be “free”.

One reason the amount of savings may ever be matched by Referred Agents versus Jill's competitive savings is due to broker-to-broker pricing collusion - if Referral Agent is willing to reduce their fee beyond market rates to compensate UpNest out of their own pocket, which is highly unlikely and unreasonable to assume.

Because referral fees are pre-set between UpNest and Referral Agents in advance, the cost of the referral has to be eventually be paid by the real estate consumer.

The reason we give UpNest a low score is due to exigent fees and the way these fees are structured. UpNest plays down fees to consumers, it states directly that the service is 100% free, but then it rigidly locks every Referred Agent into an added cost. The vast majority of competitive agents refuse to play this game and UpNest simply steers consumers toward a limited pay-to-play network. As a licensed real estate agent that doesn't perform any real estate services, or takes any responsibility for the transaction, it's not entirely clear how this process works under the Business and Professions Code.

Should real estate agents distribute "bids" of other agents for a fee? If one to say that the 30% fee is indeed necessary, why not structure it as an actual service fee that is properly charged, instead of having to be back-loaded into Referral Agent's agreement? The answer is simple – if UpNest was to charge Agents for its service directly, no Agent would ever sign-up. Agents only sign-up with UpNest because the price of the referral fee can be easily incorporated into their client's agreement.

UpNest clearly doesn't provide any tangible value to the real estate consumers as a licensed real estate agent. UpNest further audits all transactions because it needs to find out how much money real estate agents receive in commissions, inevitably collecting private details of consumer’s agreement for home purchase or sale.

This effect is known as a “blind” match. Truly competitive agents who offer great savings to consumers can never use UpNest. For example, a highly competitive flat fee listing service has a set competitive price – they would never be able to pay 30% of this amount to a third-party. UpNest 30% referral fee only works is with services who are “silent” on their commission – if a client comes directly to an agent, one price is given, if a client uses UpNest, another price is in play. We strongly believe that real estate consumers looking to buy or sell a home should always use 0% referral fee platforms in order to avoid paying a higher cost in commissions.

By using UpNest, consumers further encourage pay-to-play referral fee bias to thrive in a broken real estate industry.

Where does UpNest operate?

UpNest currently operates in select areas across United States.

Buying and Selling with Open Listings

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

Open Listings 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.


A multi-state broker rebates buyer part of the commission it receives. In some cases, Open Listings acts as an Internet referral service where it sets rebates for independent real estate brokers that do not work for Open Listings directly.

Open Listings Pricing

Open Listings offers home buyers a 50% commission rebate. Open Listings also requires a $5,000 minimum commission. Minimum commission requirement negates refund for homes priced under 150,000 USD.

Listing Services

  • This Service Does Not Represent Sellers

Buyer's Agent Services

  • Find the Property
  • Accept and Deliver All Offers and Counteroffers
  • Recommend Other Professionals
  • Attend Inspection Services
  • Schedule Private Showings
  • Negotiate Needed Repairs
  • Closing Duties

Open Listings Editor's Review:

In some cases, Open Listings represents clients directly. However, Open Listings Referral Network (Partner Agents) is a referral process that connects buyers with third-party real estate agents in exchange for an undisclosed commission split or a referral fee.

A Partner Agent who is employed by, or works with their own brokerage gets referred by Open Listings at their own discretion, as a blind match. Open Listings keeps referral fee amount hidden and does not disclose the split amount it receives from real estate agents who operate under their own license – this practice is highly deceptive and is designed to deceive consumers into thinking that Open Listings is the brokerage they are actually working with.

By engaging with Open Listings consumers authorize them to share personal information and home search history with any Partner Agent, regardless if a consumer wants to work with an Open Listings agent directly.

When shopping for a Real Estate Agent, the price alone is not as important as being able to make an informed choice about representation. Open Listings Referral Network is a poor choice for Real Estate Agents and consumers due to lack of transparency.

Open Listings’ operations as a referral network result in an inefficiency known as reverse competition and possible price fixing. Such practice may result in a lower quality of service or higher commissions.

Once Open Listings refers a customer to a Partner Agent, that agent, not Open Listings, represents the customer from the initial meeting through closing. Open Listings dictates that Partner Agent rebates 50% of their commission in order to receive a referral, while Open Listings takes a commission cut after the transaction is complete.

In the United States, all independent brokerage fees are always negotiable and each real estate agent establishes its own policy for a fee structure, amount of commissions, and issuing rebates to consumers.

Price fixing is prohibited by antitrust legislation. To fix, control, recommend, suggest or maintain commission rates, rebates, and fees for other agents' services is an improper practice.

Open Listings does not represent home sellers, but the company was acquired in 2018 by a direct home cash buyer: Opendoor.

Opendoor does not represent home sellers either, it is a real estate investor who buys homes from consumers and resells them at a profit; this practice is known as house-flipping.

When working with Open Listings, consumers may be pressured to use Opendoor by their Open Listings real estate agent. There is absolutely no requirement for anyone using Open Listings when buying a home to sell their home to an Opendoor.

As buyer’s agent Open Listings’ job is to represent consumers when making a purchase of a new home, it should not advise consumers on their existing home listing, unless a separate listing agreement exists.

Real estate agents are required by law to place their client’s interest before their own. Consumers are encouraged to read our full review for Opendoor before using the house-flipping service.

Where does Open Listings operate?

Open Listings currently operates in select areas across California, Washington, Texas, and Illinois..