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Orlando Blogger Sued....Don't Take The Risk...Blog Responsibly!

In the world of blogging, many bloggers think they can talk about anything at any time and about anyone they want. In their minds, it's fun...oh, it's only blogging. "What is the big deal?" "It was only a joke!" We're just having some fun.

Recently the words of intent and malice have been used in the rain. Without intent, without malice.."We see nothing wrong here!"

It's Fun...What's the big deal?

You may want to rethink your thoughts again and read this vital information. It made me think. I had been thinking of creating a disclaimer.

The information I read helped me make my decision to create a disclaimer today!

See being the cry baby I am, I have concerns ...not just for myself but for anyone who blogs or comments on any blog...whether it's your own, you are the co-author or even on any social network.

Just a few days ago an article came out...it seems an Orlando Blogger was sued by a school. Susan Jacobson of the Orlando Sentinel Reported... Ms. McSween, a mother had placed her child in school. She was unhappy about it and decided to put it in words.

We used to think it was hard to take back words...to me it is! I choose them carefully, its the same thought process as with blogging and commenting. Hmmm, now you have put it in writing and no less on the web. You didn't just expose to some people you exposed to hundred's of millions. Hard to take back those words..its proof...its evidence!

The unexpected result: The New School of Orlando Inc. slapped McSween with a defamation lawsuit to stop her from publishing and talking about the school and force McSween to pay damages.

Some say it's a case of censorship. Others say First Amendment rights have nothing to do with it.

"When I created this Web site, I did not do it with malice," said McSween, 28, a single mother who lives in west Orange County.

"I created it with disappointment about my experience." read the full article

Now if you think that this is the only one...type in google...bloggers being sued. Here you will find a wide variety of cases....

And here is one
And another
And so on
And so on

Most of these cases are defamation of character, I see it everywhere. With Real Estate it's stricter..whether we like it or not. With Code of Ethics to Fair Housing. We have our laws! How hard can it be? You know the joke that... everyone knows a Realtor. I'm sure there are some hungry lawyers. Just imagine how many lawyers are willing to take these cases on!

Be smart...don't take the risk and blog responsibly.

Midori Miller, Century 21 Sundance Realty

Disclaimer: The opinions expressed by The Activerain Network and it's members and those providing comments are theirs alone, and do not reflect the opinions of Midori Miller and Century 21 Sundance Realty. Midori Miller and Century 21 Sundance Realty are not responsible for the accuracy or content provided by The Community.

Posted by Midori Miller-Daytona Beach Florida Real Estate Trainer on 11/25/2007 06:31 PM

Comments (233)

orlando blogger being sued, blog responsibly, fair housing, mcsween, google, midori miller, century 21 sundance realty, code of ethics

Originally posted at: Daytona Real Estate Training: Orlando Blogger Sued....Don't Take The Risk...Blog Responsibly!

233 Comments on Orlando Blogger Sued....Don't Take The Risk...Blog Responsibly!

NOV

2007

Interesting post! I hate to say it, we live in such a litigious society that we can be sued for almost anything. You are right, we need to watch what we say.

There has been a time or two that my Little One might have left a comment for someone here on AR. She is so concerned with having her words online, for all to see, that she can never take back ... that she will get a kind of stage fright and can't do it. She's very funny about letting me talk about her, too. I wish others could realize "once online, always online" as easily as a child.

Sometimes there's a fine line between freedom of speech and malicious intent. This is eye-opening. I'd like to think I'm blogging responsibly but a reminder is always in order. Thank you Midori.

Midori,

You make some very good points that we should all take note and blog responsibly, what is happening I'm sure is just the beginning.

Midori - Thanks for the reminder. It is always important to watch what we say. The idea of a disclaimer certainly make sense.

Let's face it Midori...people sue for anything nowadays.....just look at all the lawyer ads everywhere adding to the nonsense....the courts are full of frivolous lawsuits....how about the woman who spilled hot coffee on herself and won $100,000...then there was that judge suing a dry cleaning place for $64million because they lost his pants!Maybe someday someone will stand up and say..ENOUGH!

Great Post!

Midori,,There will come a day when some will ruin this for all. I remember what happened to Planet Realtor, how can something that cool just be dismantled and replaced one day to the next!!!@#%^^^^&& But it did happen....I'm watching to see the outcome of all this......I give it a year or less and there will be censorship in place with moderators redacting out comments.....once the lawyers find an income source, they will go after the money....Be Good and Best WIshes

Hi Midori - this post is an excellent reminder that once it's out there, it's OUT THERE for the world to see. As licensees and as REALTORS, we are always, 24 hours a day 7 days a week, bound by our Code and Fair Housing Laws and all other laws and rules. It's so easy to think that just because we're with friends that all that ceases to exist - it DOES NOT cease to exist!

Something several of us discovered quite some time ago with posts that might be marked "Members Only"....they aren't really members only. Those can be found pretty easily out there in the online world. Somehow they're showing up, not sure how and why, but they do. If a consumer finds one of your/our posts out there that we intended them to find, they can easily click on over to other things, and funny enough, there will be "Members Only" posts for them to peruse as well. Everything that's out there on the WWW is archived, so that means even if you had a post that was public and has now been changed to "Members Only", too late as it's already out there in the search engines and archives.

Oh, and don't forget about comments - comments are found out there, too. Google alerts is proof of that!

I like your suggestion of a disclaimer - and this post is an outstanding reminder that we all need from time to time.

Ann

I commented on another users blog (no name mentioned) that a public "rant" should have been made members only. She did change it, however a previous "rant" was cached by Google and still exists even though she deleted the article entirely from AR. Too late. If a consumer uses a search engine for any of the specific words she used lo and behold what will they see? This is also the case for another member (again, no name mentioned) who actually posted something that I felt was possibly a case of mortgage fraud. Those posts are deleted, but once again, cached for all eternity...

Maggie Midori (sorry for typing Maggie instead!), this is an excellent reminder for all of us. Thank you.

Midori - I gotta agree with Ann, excellent reminder to us all. What's written, said & read, is out there for the taking. It's the nature of the Blogging Beast. In my mind, the disclaimer should be read before you blog or comment in any capacity on the Internet....Know Thy Consequence. If you can deal with it, for better or worse, type your little heart away.

Midori...This is why NAR originally started looking at Blogs and why I think some Brokers will eventually crack down on agent blogs.

When you are a licensed agent...you can't remove that hat...24-7 you are a licensee! The written word is out there forever. A disclaimer is a great idea but that won't protect you 100%...we need to watch what we say and where we say it. Be careful where we leave our name in Blogoshere.

Midori, As you know someone posted on a blog and did personal attacks against me. Through the members of Active Rain really did a rally around me and I thanked them for that. So many people think they can write anything without repercussions.

This must be part two...now listen carefully to what I'm saying...I remember when we had a special session at our board. It was an ethics and fair housing class...just a refresher but it was required by our board. They showed us various videos. One of the videos was about testers. Remember what a tester is? Is is people who are basically going around as potential buyers and sellers but they have hidden cameras and what they did was catch Realtors(R) saying the wrong thing and I'm sorry to tell you but those that were caught had to face the consequences. Just like they invented business on the net...they will most surely be inventing the internet watchdog. There is a blog debate as to what the real interpetation of the AR guidlines on fair housing really mean.

It was years ago so I cannot remember each incident. But I can tell you that you can call it entrapment...you can call it what you want but I wouldn't put it past anyone and you never know if thy have these types of people on the net. This was when the net was nothing. I bet you that there are watch dogs out there and I hope that everyone reads this. Is it about watching what you say or that you just got caught saying it? You can take it any way you want but anyone who thinks this is silly and won't happen then they better sit down and think about it carefully.

This would be a very good post to include in the Newbies Group to help new members to understand your point early on. Thanks for the reminder Midori, and very interesting "Disclaimer" you have developed at the bottom of your post.

Midori,

With all of the cautions out there, it's always important to be Protected! I agree, and thanks :0)

Great post. I never blog anything I would not want EVERYONE to read. You have to keep this in mind, since EVERYONE CAN read our message. Sometimes we forget this-thinking we are involved in a small community.

I read about the lawsuit, "bloggers beware" ! The printed word is out there, it is cached, it is on your computer. As my mamma taught me, "don't say anything behind someones back that you wouldn't say to their face".

As Neal, said, the day is coming when there will be testers scowering the blogs for fair housing and discrimination.

I saw this on the news also.. this is why I am always careful about what I say, always!

down with authority!

screw the police!

this is just a sign of how litigious the mass populace has become. It should, without a doubt, be a signal to the school to get better

instead, they want to whine... they're obviously not into setting a good example for the children they are supposedly teaching and molding

Midori - It is prudent to take care and be responsible when blogging. Between copyright issues, some folks hurt feelings, and downright personal attacks, there will always be someone getting sued. They can sue me - take my money but never take my internet connection!

I jest...what money?

Its probably a necessary evil just like any other form of advertising we do as agents. Thanks for the headups.. Hope you had a great holiday!

Midori, I see many, many examples of posts here on AR that leave the blogger wide open for a lawsuit . In fact, it disturbed me so much, I wrote a blog about it awhile back.

We have to be aware that as a community, we have a reputation to uphold, not only for ourselves, but for all of the other members of our community as well.

Thank you for writing this post and for the reminder to put 'making a disclaimer' on my to-do list for today.

This is why most of my posts are to Localism...I don't have to worry about what I am saying when the consumer is my target - my words are already directed to them. Playing in the Rain is fun, but getting sued is not. Keep it customer focused and you won't have a problem.

Thanks for the reminder that we need to be careful what we post. Makes me want to go back and see what I have written to make sure I didn't offend anyone.

Midori, good post and alot of excellent advise in the comments. Thanks for bringing this issue to the forefront. :)

It goes without saying that you have to be professional about what you write! How do you want to represent yourself out there???? I guess some people will never get it -

Good Morning...I slept in today and am just getting into my post. Yes I was up late....I had a lot on my mind...I got some real touching e-mails and heartfelt messages...you know who you are....Thank you and remember we are never alone. Will address each comment this afternoon...got to hit the grocery...Thank you so much for the very pleasant suprise...and most of all your support!

xoxoxxo

I agree totally. I see too many instances of words that made me cringe even if they are funny. This is a business we are in. I'm starting to put all my broker info on every post just as I would any other advertising as required by law. Now I'm thinking the disclaimer might be good as well.... Maybe I'll just copy model mine after yours!

Midori - This is feature quality. As powerful as the internet can be, we have to take precautions! Terrific information here and one we all need to keep in mind when we rant, comment or post something that really should be in your hand written journal, not on cyber space!! It's just a matter of time before it made its way into the court room, unfortunately. I agree as Reatlors and professionals we have a higher standard of responsibility. Thank you for sharing this story, it certainly will stay in the back of my mind. Thank you, Thank you.

Ps.... I flagged this as a 'feature post'....in my opinion this is a must read for the integrity of Active Rain and all our saftey and to be pro-active on responsibilities as a AR blogger!

Thank you for reminding everyone to blog responsibly. The disclaimer is an excellent idea. A number of people that commented made great points also. I agree with Deborah that this should be in the Newbie group also. Hopefully everyone would remember that Fair Housing Laws and the Code of Ethics are good things that protect the public and that we, as professionals, should be more than willing to comply with.

Michael-Yes, I agree with you...it's our world we live in and we can fight it and make ourselves look bad or we can do what we pledged to do when we became a Realtor and honor the code of ethics and fair housing. Truth you don't conform...you may be forced to down the road and with stricter guidelines and consequences ...

Sarah-you tell little one to visit me! I promise to treat her with the utmost respect...funny thing I think she learned this from her mama!

Maggie-My pleasure!

Suzanne-You are so right...as our world changes so does the cause and affect! I do believe NAR will step in.

Jennifer-Feel free to use mine. Also I will be adding a little more! I just felt that I needed to place that disclaimer up immediately!

BLR Guy-You are right...but who made us this way...People! See I think sometimes we need to mind our manners always...you know the Golden Rule... with our Realtor hat...its on all day and night and every day.. I have read post that embarrass me when someone refers to A customer who is crazy, nuts, ditzy...why? Who the heck are you talking to. The consumer or the community.

For me...I never look at customer's that way...I would never put it in print. Your current customers now may think you are talking about them..Why would you want to do it. I hear everyday how people think of realtors. I just want to know why? What purpose does it serve....many of these post are public...to me its embarrassing and really does not win us brownie points. I don't know about you...BUT I need the business and honestly I want the business the upside...people who write like that just improves my chances...

I totally agree! Members only does NOT mean members only...what part of ANYONE CAN BECOME A MEMBER do they not understand?

I know one thing...I blog with respect and will continue to not get into debates and conflict because I DO KNOW that fact. This IS a public forum.

Mike-I have to agree with you boy do I miss planet realtor. I actually am going to take a training soon on transaction desk...yes I can manage through it but I need to be precise...I am a trainer and I can't show associates by just managing through. Old habits are hard to break...especially since something has been a part of my business since I have started.

You are so right.....someone will ruin it and I imagine...some have. That is why a disclaimer is so important. I will do my best to be good. :) loved that!

Ann-Honestly I do not like members only. I use it for contests and then of course a few posts ago. It really sadden me to think I actually had to write that post. I gave it a lot of thought...if it isn't suitable for the public. I aint writing. To me I just wasted the time on a post I could have addressed the public with and it would have been beneficial for all. To me shameful. That's why the disclaimer is important to me. I can't control what other people do but I can sure protect myself..

Kris- You are right...cached forever! Throughout time...interesting isn't. Just think you think everything is ok and then you see it in the search engines. That's why...when you are angry...upset...wait it out. I did and still I feel much shame. It's all about community and not the division.

Jason-Right again. You have to be able to live with it! What if you found info on the net about you written by a peer or customer. How would you feel? How would you handle it! We need to be a bit more humble and maybe a little more human.

Monika-yes, I can see the owner of my company coming in and wanting us to leave that is why I placed the disclaimer on my post and profile. You will see it pop up more and more on our associates posts. To think we got her believing its a good thing. It is but only if it is done right.

Well Matt you are right but we are also divided. I suppose you have to decide why you use activerain in the first place. For me its for business, to build relationships and referrals and a place I call home. I think you rock...and keep in mind again the key phrase here is CONSIDER THE SOURCE! To me there will always be someone to say something about you...aint it great...you probably got someone else off the hook...Thanks man you took one for the team!

Neal-I can tell you a little story when I was a newbie in real estate and I made a huge mistake. You know the kind that will follow you everywhere...a newbie mistake. Fortunately us two realtors, our brokers and the buyer and seller worked through this.,..but I can tell you the seller walked away with his tail between his legs. In my Winn Dixie day...same thing mystery shoppers...in real estate testers. Don't think for a moment we are not being watched. Anyone who thinks that may find out the hard way. I can just tell you it won't be me.

Deborah-While I tend to agree that newbies need this info. Recently I decided to go through and leave many of my groups...Its a personal choice but honestly...I was spammed to death by our own groups.

I go through every bit of my spam...customers have ended up in there and for some reason now my activerain comments go there...important stuff ends up in there. Very rarely do you ever hear me say...I never got your email. I check..I will give it more thought.

Wow! That makes a bit nervous. The disclaimer is a great idea! Thanks for bringing this to our attention. Happy Holidays.

Paula-I know what you are saying and I have recently ventured out in the rain. Very different world..when you are facing the general public I learned so much in that 3 week time. Somethings worth sharing and some not! I would hate for someone to form a professional opinion from one of my temper tantrums.

Missy-you are right and if you have noticed I am slowly placing my disclaimer on every post and profile and catching up on including my company info and name on every piece its time consuming and yes I will get it done. I want to be ready...just in case.

Tom-whenever I see you stop by I smile... I just think of your Halloween pic with your family. Yes protect yourself...protect your loved ones.

Midori,
Words of wisdom for sure! I am creating my own disclaimer tonight and it will be on all my blogs for henceforth. It is just the prudent thing to do.

Lysa-You can't be too cautious especially writing about other people!

David-While there are some things I don't agree with I do think we have an obligation to the consumer especially if you are licensed real estate professional or a licensed morgtgage broker...

from my standpoint a good part of our society is all about convenience, its about luxury and what we have now! Its people who created it! Funny thing, we need more stand up people, people who fight for the right reasons and for the right thing. We as a society don't think about the future as we should..I could give you some stat's from other countries that would shock the heck out of you....do we lead in education? Do we lead in commerce? Why are icebergs melting? Where is the ozone layer...I could go on and on. Regardless of how we feel personally the bottom line I have a license!

Gary-LOL...I love it! Sometimes though its not hurt feelings, its damage, you have to think if one of your competitors trashed you online and ended up on the top of the search engines. What would you do? Also, what do you think the consumer is going to do....NEXT! That could cost you lots.

Hi Midori. As you know I rarely use "members only". I also never write anything I wouldn't want my customers to read. Heck they even like my stupid "blogging Bertha" videos. I too do not like the stupid seller, buyer, realtor stuff. I think those types of posts not only make us look bad but it's usually not true. Are issues with consumers are normally based on our own lack of properly educating them.

A perfect example is when a REALTOR(R) takes an over priced listing and then writes a post about how the seller is difficult! I'll never figure that one out.

As for having a disclaimer, personally, I don't think it's necessary. I truly don't believe I can be held liable for someone else's opinion.

The consumer is very smart. They can tell who knows their stuff and who doesn't.

Desiree-Thank you and yes I had a very nice holiday. We had lots of fun and we are still working out little tale feathers. Big projects Coming soon. I have to agree. personal marketing and advertising follow the guidelines.

Jo-Anne-yes I have seen many posts of concern. To me the disclaimer is not about the consumer, its about me, it's about what I represent and its what I think I should do! It's about protection....we provide protection to our customers, we provide protection for our families...we need to protect ourselves. Yes, while as a community we want to presented in the best light, here we rely on our own actions. Just like our profession its our job to make sure the public views in our brightest light...by the way we work, the way we act and the way we interract! Do we follow the laws and rules that were set in place....this would of course include blogging.

Lisa-I target both the realtor and the consumer and I tell our realtors to target the consumer, their service area. If that is your audience...that market to them...

Christina-I would if I were you. I have and I am going back again. When I was new to blogging..I was not as aware because it was new to me.

Gail-in my mind its something that needs to be reminded.

Barbara Jo and Bill-You are so right...again now is the time!

Josette-I know exactly what you mean. See just because we find something funny, doesn't mean the general public will agree. There are so many things I find funny but some else may have other thoughts about it such as grossed out, disgusted and appalled...I don't want those feelings being attached to my name. I also don't want to look over my shoulder either. Feel free to borrow, copy or model mine...I may be slightly changing mine.

Candace-Thank you...that is exactly why I write this stuff..I just want our profession to be seen in the true light! I heard a rumor today that 12,000 realtors throughout the state of Florida has put their license inactive. I don't really think about those things...I just keep moving forward..I have to for the professionals who decide to stay in the business. As far featuring...Thank you very much...I appreciate the thoughts...I am grateful you got something out of it.

Ok Sondra, I will do it and put it in the newbie group. I gotta tell you that this comment thread to me is incredible and filled with lots of great info. To me better than the post...I love hearing other perspectives...

WooHoo Sally-It's A PUBLIC FORUM. I agree...its public we talk about transparency...hmm that is beneficial to the consumer, help stimulate the market and and assist buyer's to buy and the seller's to sell. If they like us they will come... That was my last members only post. To me it took up too much of my time. A lot of great things have come out of it.

In all honesty Bryant its not for the consumer but for me! We spend every day, every moment protecting others...in the process we need to protect ourselves. Also, I recieved an e-mail from a friend..who feels I should adjust my disclaimer, while things may be acceptable now...things will in fact change, why wait...

As far as the consumer, I never assume anything about anyone, I just know my lines and I roll it out for them. No convincing.so If they don't tell me I don't know..once they do..we make decisions.If it is a good fit...We work together and if we do not we part company.

As far as Blogging Bertha..hey its all you. I think your customer's dig it. I personally go for your other stuff myself! again...it's perception and even though you and I have interacted all this time and we met once face to face and had a blast. I guarantee your customers know you better than me. You seem to be that type of Realtor!

Jennifer-Don't be nervous...just check yourself! I constantly check myself...it's the only way to get better.

Cynthia good for you! :)

Good things happen to good people Midori.

And you my friend are so good! :) Aloha Queen!

A few months ago I had a lender with whom I some times work with warn me about this. He said he had read that A.R. members were being sued. I never heard any more about this, but it doesn't sound impossible.

Hi Dena-I have not heard of any Activerain members being sued.and you are right anything is possible.. Thanks for stopping by

NOV

2007

OMG - who would think, but you can never be too careful. See no evil, hear no evil, speak no evil, WRITE no evil.

Midori,

I could go on and on about this subject. It never ceases to amaze me when I read posts written by Realtors discussing transactions they are involved in and clients they are currently in a transaction with; slams against consumers/clients; discussions on commissions and so on. Quite frankly, you cannot hide who your clients are. Public records show who the owners are and will show the buyers names, MLS records are readily available and it is not so difficult to piece together who is being referred to in many cases. What is going to stop your local competition from showing a slam to a past client?

Brian and I were discussing my blog one evening recently and agreed that is was perfectly boring and laughed. It is what it is supposed to be, a blog on local real estate, local events and community information. It is not an ego driven blog, not a blog seeking controversial Realtor traffic, does not deal with issues related to blogging, social networking and does not purport to cure the ills of the world.

While many feel that bloggers should be taking a stance on important issues, I ask - why? Isn't it enough to state the facts from a neutral stance and let the readers make their own decisions? Realistically we will always have an opinion and sometimes we will state it and take that stance, but doesn't it pay to choose carefully?

We never really know who is reading our blogs or what the reader is thinking. Having an opinion and a very public forum in which to express it, doesn't necessarily mean that you should, just because you can.

I clicked through the links that you provided. It seems that the issue involved was illegal disclosure of proprietary information. That is certainly something for us here at Active Rain to think about carefully. Many of us subscribe to or have contracts with companies who provide us with paid services. I am certain that they would frown upon their property being given away freely on a public forum.

We have become friends here at Active Rain and have achieved something that none of us ever had before. In our local markets we are protective of our knowledge and don't tend to share freely. That we are in different marketplaces here at AR, we have all shared freely without regard to the peeps that are watching without contributing or participating, many of which are probably in our own local markets anyway.

Which leads me to a whole nuther issue. We have learned a whole lot from each other here at AR. How much are each of us willing to share in our local markets? Sorry, got off of the original subject a bit here, but it seemed to run right into this issue as well.

Really great post, I sure hope many read this one and pay very close attention to it.

Thanks for the reminder Midori! I am always afraid of implied agency coming around and biting me on my butt saying I gave the statistics. The thing is, they are supposed to call me and buy or sell a home because of those statistics, not use them in vain!

Too bad she didn't spill her coffee on her lap while picking up her child. She may have had a counter claim.

All kidding aside, If she posted false allegations she may have a big problem. If not she may have an attorney looking to win her some money. Crazy world we live in.

I feel this is very important for everyone to remember. How do I flag to make it a featured post? I always watch what I say. Some don't, today you can get sued for anything. Take a minute to think how a lawsuit would disrupt your life for months even years! Think about the emotional and financial toll to you and your family.

Howdy Midori

You have written a very good post to think about, and gave all of us a very good reminder to think before we write and rethink before we post a blog or comment on Active Rain or anywhere we may blog or make comments.

Have a good one

Midori, I've even wondered about blogs that say, "I have a client...." or details of transactions gone sour, etc. It may not be hard to figure out who the client is if you live in a small community. I don't know, just wondering? Lots to think about, thank you!

Midori ~ I love the disclaimer you included at the end of your blog. I think I'll include something similar in mine. (It's a shame that it has come to this!)

In Journalism School, they taught us that "truth is a defense" in such cases. I'm sure that it's stressful, though for those who are being sued - even if they are on the right side of the law! I guess we should all have an umbrella policy, which by the way, generally costs less than $200 per year for $1 million in coverage.

Like my mother always said "you do not have to be mean to make your point

UncleDuff

Georgina-Why would blogging be different...to me its much easier to prove..evidence! and on a real estate network no less. Why wouldn't be held accountable for what we write? Remember in real estate blogging is marketing and self promotion.

Laurie-For starters I really appreciate you chiming in. Now you may think your blog is boring...it is not..its for your market...and I agree. We have no idea who is watching, all of these profiles with no blog posts, I was interviewed from here once. You gotta think about it! I looked last night for additional cases...there are tons and tons of them all for a variety of reasons.

I talk alot about my parents and them selling the house...they know what I write they read. When writing those posts...I started to talk to much.before posting...it hit me like a ton of bricks...edit once again....as in divulging info really no one has a right to...but because I was their daughter and I had that 411 I really could have stirred up some stuff.

Remember Joe Zekas..Yo Chicago...I really respect him and I learned so much from him. It was funny...I learned a lesson from him. Very quickly...I remember his last post and he made me question myself and made me look at what I was writing and did I ever go over the line. Wouldn't have met him if I wasn't here!

As I have been around the net more and more...many people have disclaimers..from just fun individual disclaimers to large corporate disclaimers. a wide variety I might add.

As far as sharing in my local market...I can tell you many of you have been a part of my training..As a matter of fact...my husband, my brother and I were talking about you and reading your stuff on the rain last night...I have a new name for you. :) We were talking about your SEO, your thought process and your style... The no nonsense lady...A Dame!

As far as our local markets and sharing. I have a couple of friends in our area...I do share with, even though they may work for another broker...a few on the network..often times we share face to face....they still represent the area. You could say we trade info. Not a bad thing at all!

As far as talking about clients/customers...you are right...alot of their info is at our fingertips. If we talk about a customer and it is negative...we have to watch what we say... the last thing someone needs is for a customer to assume we are talking about them...and not in the best light. As a matter of fact...a recent listing came directly from my activerain profile..the only thing I wrote, is they liked my profile and any additions....localism...and that is it!

Midori, thank you for sharing this important message. I recently deleted my own comment from a blog, not because of what I said, but because of what one of the other comments said. I was not at all comfortable sharing a page with that very strong, and what I thought was discriminatory, opinion. However, you are right -- it may be out there!
Perhaps the disclaimer should be a regular component of our posts here, like a standard small print at the bottom. I hate to think it's necessary, but our world is one that requires legalese like that.
What do you think?

Renee-I know what you are saying...I notice terms like customer and client...Our company uses customer..we are transaction brokerage...also..you are so right in the implications... As far as your stat's did you create them? Do you credit the source? maybe I don't understand. I just can't see how giving stat's from a source could be considered agency. you are right...they are supposed to call us!

Also, one of the things I realized while driving home each area seems to have their own real estate lingo...I say be careful. I noticed it from moving from South Florida to Volusia county florida...we need to use real estate terms correctly...

It will be interestig to see what happens with the lawsuit. I think you have to be careful what you put out there, and how it will be perceived by our audience. As professionals I would not want that kind of controversy, I run a business.

thank you for the information

It is sad that everyone tries to make the opportunities to get rich - or so they say, let them take responsibility for what they say. I can understand how the moher just want to vent and express her disappointment and how the school wanted to protect its name too.

Thanks for bringing this up. I would too have to be careful for what I say - even if it's meant to express myself.

I remember Joe Zekas..Yo Chicago, he was opinionated! But he always had a point. I didn't agree with everything he said but he did get this group talking. And boy would he have an opinion on this post.

Randy-you said it...it's a crazy world so why would we not protect ourselves!

Tara-Neal wrote an awesome post today my response...if you spend the money for health, dental, car, liability and E & O why wouldn't you take 10 minutes..and create a disclaimer. Just spread the word...if you feel it's important...not like to be featured!

Dale-Thank you!

Jodie-This is what I am talking about also! I learned from blogging about my parents.

Darlene-I think many of us under estimated the power of blogging and the weight of responsibilty we have to the public. We manage to use indepenent contractor...we remind our brokers and the consumer how different we are. That's why we need a disclaimer...

Uncle Duff-Nice to meet you...mom is full of wisdom

Elaine-Interesting. That is why sometimes...If I see debate that goes south...I stop..and combat a different way! In comment streams it's amazing on how a post can really transform into a valid piece of media or a guide or even just great inspiration. Once those posts go south...it's downhill...its best to brush yourself off and walk away. There are no winners when that happens...

Not sure everyone would like a disclaimer ..

Check out Neal Bloom's Post...it's awesome!

A business...Great Thought Christina- that is my thought exactly...Business.

Brian you're welcome!

Lorena There is no problem in expressing yourself...you just have to do it in a manner that is acceptable to community guidelines of any social network. Sometimes my posts are long only because if we don't explain what we are talking about no one really knows for sure what we are talking about. Somethings require an explanation..its all in how you present it.

Dena-Yes I loved that he was so opinionated...but in many instances he was correct. We all have our own viewpoints but I like his ethics...in regards to what we are doing online. I liked his directness...and his honesty. I really learned a few things from him

Very worrisome and eye opening. We should have all figured that it was the case,but WOW...people can, and will, sue for anything!

very interesting post

Very interesting...it's really sad how the 1st Amendment can now be held against us for SOMETHING like an opinion. I guess a really good attorney can get you anything!

What a generation of wimps this country has produced. When are we putting up the statue of Stalin up?

I remember a speech (well I don't remember because I wasn't a live then) about how Communism would take over this country without firing a single shot.

How prophetic..

In this sue-crazy society we really have to watch our words....

Interesting.

I doubt that a disclaimer is going to protect any member. The only thing one can really do to protect one's self is not participate.

I unsubscribed from a famous forum after about 11 years because the moderators wouldn't do anything about agent to agent talk about real estate commissions.

The moderators here have warned members about writing about specific commissions. They have also warned about copyright violations. They do have guidelines. Of course content often stays up when it probably could be deleted. But, I'm sure they have their reasons.

We're still in the wild, wild west of the Internet.

This Post will remain public regardless of other member comments.

Chris-You are right people do sue.that is my point..I am responsible for me ... my behavior...my words...my actions...I take responsibility. I can get into trouble very easily on my own. that is why I think a disclaimer is so important. Don't need any help.... :)

Donald-To say the least!

Susie-Yup..that's the way the world is.

Jessica-Nice of you to stop by, we all have our opinions..

Sally and David-Again its about your protection

Lenn-In my mind it can't hurt. You are right we should stay away from these types of posts. Wild, Wild West of the Internet...I like that....again that is my point...we still have a long way to go! You really said it best...just stay away from those posts.

THANK YOU!

Not sure how to craft a "Disclaimer", but bet I'll be asking my Attorney.

I wonder if the one we attach to emails would suffice.

Appreciate your words of wisdom...not adivce.LOL

Paige Rausch

Hi Paige-yes I think the advice of an attorney would be helpful. My pleasure... :)

Midori,

Well written article. I have been away from AR for about 2 months and just re-emerged today. Thinking about what has changed here and how I want (or need) to reposition myself. You have certainly given me something important to consider.

Now Have a Blessed Day,

John Occhi, Hemet REALTOR®
Mission Grove Realty

Midori:

I figured it was the least that I could do. All things considering....

Yes, we do all have opinions...such a shame that so many of them offend others and then the person who offended gets offended that they have offended the offended person. Then person gets offended that the other person is now offended when they are the ones who were offended first.

Its a viscous and litigious cycle.

Just the other day...I got a great opportunity to break the cycle. An agent said something that was rather hurtful and I did something unthinkable in this day and time...I picked up the phone and asked her why she said it...what was her thinking behind the comment. I wanted clarification. We talked for a good 30 minutes and she explained her reasoning and point of view. I listened carefully. I learned from it. She learned from me. I actually understood why she felt that way. We were both better people when we hung up.

I didn't run to her broker. I didn't run to the real estate commission. I didn't run to ACLU or UCLA or LUCA or any other 4 letter word. I chose to respond to the situation instead of reacting. I chose to be woman enough to pick up the phone and not go tattle telling. I realize that there is a lot to learn from opposing points of view. It challenges me to think past the tip of my nose. And that is what being a professional is all about...willingness to learn.

Imagine what a better world that would be if we all actually tried to communicate instead of backing folks into a corner or cutting them off at the knees as we try and advance our own agendas. A place of equal tolerance for all people.

Just a random thought....no hidden messages or reading between the lines....as I try to get my 10th post in for the day.

Midori, great article and good reminder to everyone. Loved your disclaimer. I think you're right..NAR will be stepping in soon and Broker's will tighten up, as well.

Hi John-WOW...two months how did you do that? I am so addicted. Glad to see you back..yes..See I have been traveling outside of activerain...its an experiment...I am working on that post. Trust me I learned a lot out there!

Jessica-For starters I appreciate your well thought comment and I appreciate your straight forwardness. You may think we are so different we are not...we just go about things a little different. Do you know that I have learned from you already? This sounds corny but I see the sparke!

Point taken, point understood..... but I have to tell I would have handled it the same way! I have my reasons. No need to explain but if you think it is wimpy then I have to apologize.

You are right communication is the key..Effective Communication is what I strive for....giving someone a fair non threatening chance...being tactful and respectful. Thinking before I speak or write even if it takes me a few days. Usually my first reaction is either my worst or best. There are occasions I sit and wait...to make sure that I truly feel that way.

I have stuck my foot in my mouth so many times by accident.I can remember the first time so bad 17..and it caused someone else pain. Even though it was silly...I had to live with it and it's a memory I still hold. Boy I made bad mistakes early in my career....it was my client this, my client that....mine...mine...mine... My reactions have cost me commissions because my emotions got the best of me. People have questioned my negotiating skills. I recognized it and learned. Notice all the me...me..me's...I am learning...still.

Yes we are professionals. As real estate professionals it's our job to have equal tolerance...No hidden message...no problem! Thanks for stopping by. I really appreciate it!!!!

Midori, You are a great example and role model. You have done a fantastic job responding to all these posts. Sondra -ps. no reply expected as you've already replied to me once. I've still been following it.

Gena-NAR and the consumer are my concern. We wonder why the consumer views us the way we do. TMI...TMI..TMI..of our personal feelings.

Sondra-girl you just made my night! I was so happy to see it was featured..not because of the great post but the awesome info throughout. This is a wonderful training piece for me...amazing how life works. Thank you.. :)

It's best we all follow our Grandma's advice and "if we don't have anything positive to say about a person to not say anything at all".

We should always be thoughtful of what we write, think and say.

Midori:

WOW! I love ya! No joke. I appreciate your words.

I want to share something with you if you don't mind....

That agent that said something very hurtful to me....It was completely stupid and I should have let it bounce off my thick skin. But I didn't. It hurt me. I called her up and we talked about it.

I know in my heart that I meant NOTHING ugly or hurtful in my post (you know which one) but that doesn't mean that it wasn't hurtful to someone else. That doesn't mean it wasn't REAL to them. So, because of your response to me...I have deleted it.

My husband's grandmother is 4ft 9 and from Honduras. She calls Jesus "Cheesus" and I love to pick on her. You've made me think about that....even though it may not be a big deal to me...it may very well be very REAL to them.

Matt-Isn't it amazing...that is what my grandma said. That is one thing growing up it was yes sir and no sir. My daddy a marine!

The Sentinel article raises some interesting points regarding potential liability. For me, there is more than enough non-controversial content to write about, and I can gain just as much readership with quality information.

Jessica-OK this is one of those defining moments I talk about on the rain! I now have lost count but I can assure you it will happen over and over again. You made the trainer teary eyed...alright...now I feel really corny but it is true.

Much of this was blown out of proportion. How thin skin do you think I am? It wasn't about me at all...

Your last paragraph is what made me teary eyed...that is why I love what I do.

Are you telling me that I can get a good nights sleep now?

Midori -- haha maybe we're cousins!

Matt-Nothing would suprise me!

Hi Mott-yes I agree Our Code of Ethics...

John-you are right. How could we ever run out of quality topics to talk about. and yes you do post quality stuff..I like it!

Your Great Midori!!!

Midori:

Not only can you get a good nights sleep but you can rest assured that you will be the first person that I think of for Daytona Beach Florida referrals (My husband is from Ormand (sp?) We send more than you would ever think that way.

I'm glad we worked out our difference on this. I apologize if I hijacked my way into your post but I am just one of those that likes to get it all out in the open. Work out a solution or agree to disagree.

I'm glad that we could see eye to eye in the end. I'm always the FIRST to admit when I am wrong or have a change of viewpoint.

=]

It's amazing how people evaluate what they read by reading between the lines, sometimes the words chosen can often generate a different response. Never underestimate the power of the pen or in this case your fingers.

Ryan-It's funny we always assume people talk in some sort of code. The truth is behind a key board you can not see the expressions...their thoughts. That is why I feel it's important to have a disclaimer. So easy to be misunderstood.

In the article it did talk about malice...just depends on how you look at life...with each message there is always different meanings...we all look at life different. I say Good morning, my husband says GOOD MORNING...if you are not in front of me you could take it as tired, sad or bored...the truth is my husband is just more pleasant than I am in the am that is all.

Wow...I'm so happy this is taking a turn around. :) Like Midori said...a defining moment :)

Jessica-Thank you and yes we did work it out! All along that was my goal and I know it was yours too!

I think the thing is if one can't say something nice, then don't say anything at all. Otherwise there is always the risk as you point out.

bloggers are going to start to see many changes when it comes to some freedoms in the future i think.

Midori,

I think that people do not realize that even if they delete what they said, sometimes its still out there. I have seen things in Google, then clicked to the source. The source was gone, but the Google highlight was still there. Excellent post. Do not write anything you do not want read or you are not willing to stand behind if there is a conflict.

What a great time to be a newbie here - all these great posts the last few days - lots of stuff for a newbie to watch and learn. Midori thanks for blogging a very time sensitive article it helps us all learn and grow and in the right way. - now if I could only learn how to get my head out of the paper bag.... on the sidebar,,

If you don't want it on the front page of the local newspaper, don't put it in writing because it could possibly end up there.

How right you are Midori! I had never given it much thought until reading your post, but it makes perfect sense. My ultimate goal is for potential buyers and sellers to find me through my blogging. Rants, posts about bad buyers, sellers, realtors, etc. just don't factor into my goal...so why waste any time on those controversial topics. And yes, it's important that we don't accidentially break that code of ethics. I see so many posts where people don't think it through before hitting the submit button...talking about clients, commissions, etc. Thanks for making me think!

NOV

2007

Midora- This is really something to think about. It is also something that we need to take a stand on to defend our freedoms and liberties that our forefathers fought for. I don't want to be censored. I am not politically correct. I have strong opinions and I do voice them because the people who are going to become my customers are reading my blog and connect with me on that level. I have people calling me to be their agent because I am a homeschooler. I have folks call me because I am Latvian. All kinds of reasons! It is a connection. I do rant now and then, not too much. But I always make sure that the person is cloaked enough, it is usually an action another agent takes that I bring out, but I think that is a good thing because you get to see if maybe you have done that same thing and you can change your behavior.

Now, as far as free speech goes, I so believe in it, yet when we join NAR we give up that right and that is a choice we make to belong to NAR and obey their code of ethics. Those of us who do not like some of the rules need to get involved to lobby to change them. I am glad you and Jessica worked things out because you both ar gems here on the rain. Katerina

Sticks and stones may break my bones, but names will never hurt me. We teach it to our kids, but seem to forget it whe we grow up. People skins are to thin, and they focus on the wrong stuff.

Words are powerful--spoken, they are long remembered; written, they are never forgotten. I'll review what I write before I push send!

Whoa...

I am going to have to park.

There's no way I am commenting on this until I have read every single comment :)

TLW...ROAR!

Ahhh...

We do indeed have a nice little turn around happening in here.

That made my day Midori and Jessica :)

TLW...ROAR!

I decided to come back and read the comment in this thread...interesting twist.

Okay Midori...

I am going to put all the side discussions aside and comment on the topic.

As the owner of an independent Real Estate Company I do have a few thoughts that some folks may not agree with. Too Bad :)

My initial thought when this topic came up (Monika wrote about it) was I would want final approval over any content that goes out on the web.

Why? Cuzz, I know that in the end the RE Broker can be held liable for the actions of his/her salespeople.

I have already made the decision that should we expand, there will be a clause in the independent contract that addresses Blogging. It will all be laid out and I 'WILL' have final approval.

Disclosure: This decision has been made without the approval of my Broker :)

TLW...ROAR!

It's amazing what can heppen. Thanks for the reminder that we need to watch what we post.

Billie,

Actually that might be a good idea and obviously there is a lot of doubt in peoples mind now that all these posts have been debated and I see more of a turn in that direction ...indeed blogging could be dangerous to our livelihood if it isn't somewhat controlled. I hate using the word control but what other word can you use?:)

Disclaimers may be fine but if you write something in print anywhere, you better be ready to back it up with statistics. If it is an opinion, you mayy also be repaired to defend your position. So lets all blog nicely now, ya here!

Very interesting and scary. Something for all of us to keep in mind.

Midori - thanks for the reminder that there are places we should not go!

Midori, I am a new Realtor (just over a year) this has opened my eyes. I never would have expected this to cause so much controversy, but thank you for educating me. I will definitely make it a point to act responsibly. Although we are taught in the code of ethics and everything else that was mentioned above, it is called common sense, didn't our parents teach us right from wrong and never to say things that we do not want people to say to us. I guess I'm not living in the real world when I think people should already know all of this. Anyways I really appreciate your post, I look forward to more.