Real Estate 'bloggers' can avoid lawsuits
The Internet has provided millions of Americans with the opportunity to sound off about various real estate issues, but bloggers who aren't careful can find themselves in a nasty lawsuit.
Q. I am in legal trouble and need your help. I started an Internet blog to "rate" local real estate agents after I got burned in a deal by an unethical salesperson. I had no problems until last month, when a writer to my blog posted a message that said a particular salesman was operating his business without a valid license. I have since checked the salesman's background and determined that the writer's accusations were false, but the agent has sent me a certified letter stating that he plans to sue me for publishing a note on my blog that defamed his character and hurt his business. What can I do?A. You probably don't have to worry much about the salesman's claims, but you definitely need to take more precautions with your blog to avoid problems in the future.Millions of homeowners and renters across the United States have started blogs or other types of websites that discuss a variety of real estate topics. Though definitions vary, a blog is generally considered a web page that is started by an operator - like you - that also welcomes comments from other people.The skyrocketing number of blogs is raising important legal issues. This column focuses on some of those concerns.You may be lucky, because the federal Communications Decency Act says that no provider of "an interactive service shall be treated as the publisher or speaker of any information by another information provider." That suggests that you and your blog may be off the hook for libel damages because somebody else made the comments - rather than you.Q. Can I use my blog to say whatever I want?A. Yes. But it's important to understand that you can be held financially responsible for any false statements that you make personally.In addition, neither the Communications Decency Act nor the First Amendment's guarantee of free speech will protect you if you post a comment from a reader that you know is untrue.Q. I am a real estate salesperson, and a competitor says that I have to discontinue my blog because I say that I am the community's "No. 1 Agent." Is she correct?A. No. Nobody can force you to shutter your blog; just like no one can legally "order" you to shut your mouth.But again, all bloggers have to be careful. If you're a real estate salesperson who claims to be "the No. 1 agent" in the community, add a sentence to your blog that explains the claim is based on the number of local sales, net sales revenue or some other factor that puts you on the top of the list.Similarly, bloggers who want to "rate" local agents should include a set of criteria on their site that explains how the agents are judged.Q. I operate a blog for our local homeowners association. Do HOAs get extra protection under the law because they are nonprofit organizations?A. Nope. Both you and your association can be held financially responsible for any libelous remarks that are made on the HOA's web page or newsletter. Having a nonprofit status doesn't make an individual or any organization immune from the law.Q. As the operator of a real estate blog, what can I do to make sure that I don't get sued?A. There's nothing you can do to avoid getting sued. That's because in America anyone can sue anyone else, even if they don't have a legitimate complaint.There are, however, some simple steps that real estate bloggers like you can take to discourage frivolous lawsuits or use in their defense if they get hauled into court.The first is to put a statement on your blog that anyone who posts a message must be at least 18 years old. A second should say that anything they write must be both "original and nondefamatory," which can help you to defend against claims that a writer to your blog broke copyright-infringement laws or that he defamed someone else.As a backup, also include a "disclaimer" that says you are not responsible for the accuracy of any information on your blog.The disclaimer won't help if you purposely make false claims against a real estate agent or other person, but it could provide important legal protection if you're sued by someone who says that his reputation or business was harmed by someone else who wrote a note to the blog that you later published.bull; For the booklet "Straight Talk About Living Trusts," send $4 and a self-addressed, stamped envelope to David Myers/Trust, P.O. Box 2960, Culver City, CA 90231-2960.#169; 2010, Cowles Syndicate Inc.