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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 Florida Real Estate Trainer | Daytona Beach After School Training | Midori 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.

This is Advise for everyone in the Real Estate industry, we need to accept how things are, and always Cover our Back!!!. I know disclaimers can only help you so much, but when it comes to our Licence, we cant never be too careful.

Your the best Midori! :0)

Midori, I don't why it took me so long to find your post, but I certainly am glad I did. Your words of caution are really appreciated, Karen

Midori,
I'm glad to see the good that has come out of this whole issue.....and also very glad to hear that the post which began all of this has been deleted.
I believe that everyone (of those who have read your blog) will be more careful now before hitting the 'post' tab.

Midori, WOW A lot happened since last I had visited this post. Now I'm not sure if it was this post or the last but someone mentioned to you that they posted to the customer mainly in Localism so they did not have to worry about disclaimers or something a long those lines.

This is not true! I made an error in my last post about the band formally known as Foghat. I did not know they were no longer touring as Foghat, that another band owned that name, and the original remaining surviving members from Foghat are now knows as Tony Steven's Slow Ride. Foghat could have very well sued me for that as they were not in town last weekend. I went in as soon as I knew and edited the post, with "Edit" in the title and an apology and explanation.

Way to go on the feature and working things out, I'm proud of everone invovled. This is a happy ending and I love happy endings!

Your disclaimer is a good idea - we have them for the MLS and websites - why not here as well -

Sincerely,

Grace safrin

Midori and Jessica, Both of you deserve a big round of virtual applause. Thank you.

Some lawyers will say you have a case. But your right you have to be very careful what you say because it will come back and haunt you.

Midori- I am so glad to see that you and Jessica resolved your issues. I think in the end, we have to remember that as a social network, we have to support one another, and be there for one another. I know that this forum is for business as well, and you just can't beat the google juice it produces. But as a social network, we want everyone to know that they have a voice, even when those voices and opinions don't see eye to eye. Now, your post has struck a chord. I'm definately going to be more careful about choosing my words. Great job, and congratulations on the feature - I know you worked your tail off on this.

I am part of another "neighborly" group, and find it amazing what people do put in e-mails. When I asked why something was written, the response was that the person hated e-mail as a means to communicate.(??) I always heard, never write something when you are angry and always read what you have written.

thanks for sharing. I try to limit names of people in my blog

Awesome post!! Using disclaimers seems like the way to go (watching what you say or rather what you write as-well). Best of luck in 2008.

What do you mean when you say blog responsibly? Kiss everyones butt and be afaid to talk about your experiences?? Be afraid, be very very afraid?? Let's all just move to Myanmar. They kill Monks there for speaking out against violence.

I wrote a blog one time about an elementary school (okay, I won't mention the name again) which was in the heart of a beautiful neighborhood and life in the country where you would think things are just beautiful all day long. I discovered that out of 694 students, 693 of them were on Ridilen. Mothers just doping up their kids, and the school district just showing peachy smiles to the world. They were giving the pills to the kids everyday before lunch. Now in the past 3 years, Harvard Medical performed testing and discovered that Ridelin in many cases prevents normal growth of heart arteries (keeping them smaller than normal) and increasing the chances for stroke later in life. Should I have not written the blog... "school districts allowing the killing of our children"? There is a reason for the 1st amendment, and all these cases brought against bloggers will be lost if the blogger can show at least some truth to their article, ,and that the article was meant to inform rather than simply written out of spite to hurt someone.

Very interesting, Midori. Thanks for taking the time to help raise our awareness about something we may not have given much thought to.

Brian Wilson, Zolve.com

Hi Midori: I've only put one post in members only and it simply had to do with deer hunting (didn't want to offend PETA). Nothing that I wouldn't share with everyone, but you never know who will be reading you. And it does end up "out there" eventually.

Nice post and lot's of responses Midori! This used to be a country of pride and courage - lawyers have made it a country of shame and fear. Screw 'em. I'll say what I want to say, when I want to say it and where I want to say it. If I have to face the consequences for a truth I spoke or wrote then so be it. It is funny though, I was recently invited on a radio show to be aired in the next couple of weeks I believe and I said, "I'll be happy to be your guest but in case you don't know it I can be highly controversial." They replied, "That's why we called you."

What the heck is "shadblow"?

Great post and interesting comments, thanks for sharing the story with us.

Great Post, and a better warning. Thanks for reminding us!

Makes you realize that "sticks and stones make break your bones and your words may surely hurt you!"

At the end of the day you have to decide if what you have to say is important, accurate, and needs to be said. People can be sued for anything, anytime, anywhere, but that doesn't mean they should abandon their right to say it. People have been sued for shooting intruders in their home, but that doesn't mean you should be afraid to do so if needed. Otherwise the newspapers may as well lock their doors.

Thanks for the warning. This tells me that we should at least think about what we write and be certain we want to write it, before it is submitted.

Midori,

I own a company whose name has been slandered online. Back in May an irresponsible agent wrote a scathing article about me and my business saying things like "they were ripe for the picking", "Lies, lies and more lies." etc. about ME! I couldn't believe what I was reading. This irresponsible agent wrote down what ever her clients told her about me. True we were not able to close a deal, but the rest of the story is blatant hog-wash. My office is about 10 minutes from hers and she had my number and my web address and never contacted me to ask me if these allegations were true. So, I told her that I was planning a lawsuit for defamation of character! And I intend to follow through with it! We simply cannot allow these thoughtless people to go on living like they are in high school and can just slander and be busy bodies!

More people should be admonished for the crap they put online.

Karen-Good point...yes you may hit the delete button but when did you do and how does it take to be found? I myself do not know the answer..and for me it doesn't matter.

I hardly EVER comment on a post with so many other comments. But, I have to weigh in here.

I have not read all of the supporting links, but there are a couple of things to keep in mind.

The truth is a defense.

If what she said is true, the school cannot claim defamation. Well, they can, but they shouldn't be able to win.

If it is a supportable opinion, it should be covered by free speech.

If her comments were off in left field, then we have a different situation, but if there is a supportable argument, the government suing a citizen (and remember, that public schools are an extension of the government) is truly reprehensible. The Superintendent should be fired unless he can show that there is no basis for the comments she made.

So, while there are plenty of dangers, walking on eggshells because one might be sued is also dangerous. Do we not point out problems? Isn't that being complicit? If we let the big lie be told, are we not supporting the big lie?

I have a disclaimer on my "other" blog. It asks people to use common sense. I don't tell people to do anything. But, it ticks me off that I have to tell people to use common sense.

Richard-Welcome and glad you are getting the true value of the network. Read as much as you can and soak it in! Believe me do know how you feel and I don't forget. I have been connecting online all over and each and every experience is very different. All of them so different too bad they have to be different for us to join them.

I think people today sue for anything. We now live in a society that is "sue-happy". Since this is the case people are being more careful about what they say, but doesn't that infringe upon our freedom of speech?

Fran-Great reminder and it could possibly show up on tv..

Christopher-Nice to see you! :) Yes, I am now going through every post that I have placed online. there are just certain topics to stay away from and honestly I think if you can't say it to their face comfortably... then don't say it all! but to each his own.

Katerina-You are so right!....it's a choice...I am a proud member of The National Assocation of Realtors...

Timely post and something we should all be thinking about every day! I, too doubt that a disclaimer will protect you but, hey, what can it hurt? You can be sued about almost anything by anyone.

It should be interesting to watch how this plays out. Thanks for bringing this to the forefront, Midori.

Kevin-I agree but when words can affect someone's livelihood, is that right? I am not talking censorship at all here...bottom line I am just pointing out that there are lawsuits. We as Realtors Honor a Code of Ethics, Practice within the scope of the law, be cautious in how you express yourself and get a disclaimer.

TLW-I gotta feeling some independent contractor agreements will be adjusting. I touched on ethics and real estate law on the web for our associates. They all understood that they are licensed even in cyberspace.

Ruth-Hope your first year has been good. To me being online is no different than being in front of the customer. Because we are, it's just in writing and its 24/7..

Randy-You know what to me I would have reported it to authorities but hey that's me. You can blog about anything you like...I am not here to tell you not to! I am only presenting both sides of blogging. If you can live with what you write...then to me you blog responsibly...As a Realtor...We have laws...we have code of ethics...as a Realtor we commit to that! I am not afraid....I am simply covering myself...

Ken-There is nothing wrong with being controversial...if you can live with what you say and the outcome..that right there is half the battle...Also we can be controversial without getting too personal. It can be done!

Michael-I agree...it's a free country...hey say what you want...again it all goes back to can you live with it and the outcome. As Realtors we do have an obligation...to the public and that is to protect them. While everyone has an opinion about attorneys and our sue happy world...doesn't matter....it is what it is and the bottom line people are suing so protect yourself.

Christi-I am sorry to hear that. That really stinks and to me... its so wrong. This is what I am talking about...your livliehood..affected.... great a temper tantrum online. Girl hang in there! People do not realize the damage they cause by doing this.

Lane-These are examples...I want people to see what you write does affect people good or bad! Again it all goes back to if you can live with what you write and the outcome. Walking on eggshells not necessary address the web the same way you address the public in person...Honor the Code of Ethics and Fair Housing. Remember people cannot see your expressions,...don't know if you are laughing or angry.

As 2008 approaches...you have to ask yourself...are buyers going to be fruitful? Do we have so many that we as a profession can afford to throw any of them away? I don't know about you...I want to appeal to anyone and everyone..it's a given some will like ya and some won't...why would I want more won'ts for what I write.

Collette-Well is it appropriate about writing about commissions? Do you discuss in a group? Coud be Violation. Would you do this in front of people? Face to Face...online? This is what I am talking about...

What about divulging valuable info...would you do it face to face? Why online. This is the kind of stuff I am talking about.

What about our profession as a whole? Don't you think we have enough battles in the real estate market? This is what I am talking about...People will always sue for a number of reasons, why on earth would anyone think blogging would be any different. Randy made a good point...Didn't a woman spill hot coffee on herself and the she sued and won. It's our world we live in...I say...blog responsbily.

Midori, I do appreciate your concern for your fellow agents well being. It's just that for me, if I have to choose between protecting clients or the public from known dangers, or protecting myself; I have to choose them over me.

Police officers puts themselves in harms way for those they have sworn to protect. If they can risk getting killed to protect people, I don't mind the risk of litigation. I can always counter sue for legal fee's. As long as you have the facts on your side, and your not presenting your opinion as fact, you should prevail. If you don't, you still did the right thing. Sometimes doing the right thing isn't free.

Read my post at: http://activerain.com/blogsview/285307/Loans-Lie-s-and and you will understand why I feel the way I do.

I guess the old saying "if you can't some something nice, don't say nothing at all" comes to mind. Any blog by a professional business person should steer away from a negative theme except for if you are trying to accomplish something positive as a result. People don't like other people who are negative anyway.

COMMON SENSE, COMMON SENSE, COMMON SENSE!!!!!

Thanks for the post, as a newbie I can sure use the advice.

As for: "if you can't some something nice, don't say nothing at all".

If that were the case then all blogs regarding the mortgage crises shouldn't exist. Unless of course theres a lot of nice things to say about the billions lost, the forclosure of millions of homes, and the ruined lives left in the wake. I guess we could say:

"Millions of people suddenly have the opportunity to start a new life without the burden of a mortgage!" Yeah!!!

I should add though; one should never use the blog as a tool to slander people and feel they do so with protection. The truth can be ugly, but one must be certain it is the truth when writing about it.

Thank You for the info. I love reading your blogs.

Ginny The Realtor in Cypress Texas

It's kind of scary. Sometimes I refrain from writing something because of this fear. I know someone who was sued by their company for posting negative reviews about working there. I think I'll just stay as neutral as possible in most cases.

Midori-I am so drawn to your posts because you are a woman of knowledge and one that will reach out and help each of us to understand how truly important it is to watch the words that we express in our posts and our comments. There is so much to be learned by this and I thank you!

What a great post Midor! I have come across a site the builds a disclosure for you, not really a disclaimer. I am sure there is one out there for it too. I have the button linked to my disclosure as an example. You also have to let people know that you are compensated for one reason or another. I thought a little deeper, not only are google ads or affiliates paying me, but a seller is paying me to speak highly about their property...so I figured it would also apply.

I will delete if you don't like the example.

Michael-You are so correct...BASED ON FACTS! I agree, but how many posts have a personal opinion attached...can we afford that in real estate no not really and honestly neither can the consumer.

That is what happens though...we have debates we speak the truth with a combination of our own ideas...we disagree...it becomes ugly. Don't really want to be attached to that.

I have not checked the link yet but I will. To me media reports NEWS??????????We as real estate professionals should report the TRUTH ! In the process...just as we sell objectively...price objectively...we should speak objectively including in our blog posts.

Rob-We should also remember buying real estate is supposed to be a pleasant time! Not necessarily an easy time but definitely enjoyable and positive

Danial-Welcome and make sure and join the newbie group. Read and learn, post and have fun...If ever I can help you e-mail or call me! :)

Unfortunatley, if you are sued you will have to defend yourself, best to be proactive and go after them legally, first. ktm

NOV

2007

Excellent point ... we need to make sure that our opinions are not in fact an attempt to slander the reputation of someone or something else. There is a difference.

Midori. In response to your response there are a couple of things I would like to say.

I have to be me. I am opinionated, hard-nosed, and a tough negotiator. However, I am also a pussycat (in person especially), and work for a win-win in negotiation. Sorry, nothing to balance the opinionated part...

But, what it comes down to is that there are enough buyers in the world (and sellers, too) that I can afford to "throw them away" if I can't be myself to work with them. I will not compromise my "me" in order to woo a client. Just as I won't compromise my ethics or integrity.

So, to get back to the point of the original post, I call them like I see them. I can take criticism... especially the ones that are true. I can dish it out as well... especially the ones that are true. I can live with the result. If I get sued, I better be right and able to back it up... but I'm not going to sit idly by and let something wrong happen because I don't want to be sued.

I wouldn't pass a car accident knowing that I may be able to help the victim. I'm not going to ignore a questionable deal in order to not make waves. I'm not going to let my kid's teacher deliver faulty or downright false information without responding.

But, that's just me...

Wow.. I've just read the links you've provided, too. I would have never thought about it, but I can see the point. However, looks like some of these bloggers went a little too far...

Stating the facts is one thing and bashing is another :)

Wow. Thanks for sharing. It seems so easy to offend people these days without even knowing it. This is an eye opener.

This is why we need fewer lawyers in the US.

Unforunatly, we live in a time where we can no longer express how we feel freely. Sometimes it's a good thing and sometimes it's a bad thing. Thanks for the info.

its so true when people say that you can be sued for everything. Technology these days is so advanced that everyone needs to be careful about what they do, or say on the internet. Great post, and great advice about adding a disclaimer.

Hey Midori! I love how this post is making so many people stop and think.

I keep seeing people throwing around the 1st Amendment, bashing attorneys, and taking an "I'll do whatever I want" attitude. I just think it's so very important to remind these folks that Libel is still Libel and Slander is still Slander. Maybe the method of delivery has changed these days with blogs and technology, but that means it's even more important to be careful with what you write, as it is now permanent. I'm all about saying and writing what you think, and challenging others when you feel they are wrong, but these people better be able to back it up as fact if they find themselves in court.

So don't give up your right to free speech. Don't be so afraid of a lawsuit that you don't write what you feel needs to be written. But, just be careful, think about what you're writing, and make sure you truly are correct and will be able to back it up if necessary.

There is always a risk involved when you speak your mind. The risk is just on different levels. I don't know, we are a free country. If only people could self monitor. People do not know how to draw the line and always want to take things further and further and things get out of control

Great Information. Thanks

Julie-thank you and I am drawn to your posts because of what you write! You are really good with your words...I like them. I just want us all to be the best we can be as a profession

Bob-you bring up good points as well. Also I tried to follow where you disclosure button...was it supposed to lead me to the site? I really like that button... If it does...please share with me!

Allen-Slander...another concern. Thank you..

Try it again. It should take you to my Disclosure Page. The site that creates them for you is http://www.disclosurepolicy.org/

Lane-Let me share with you a few things. You must be true to yourself when you blog...why...it will surface...oh yea, I promise you it will. I read many many posts....and it surfaces.eventually..I agree with you there.

BUT regardless we have to comply with the law...bottom line is if you don't like something you have to fight for it! That is why I am highly involved in the Board of Realtors...there are a few things I do not like! I know that I can't change anything if I do not do my part.

Let me share something with you...I am tough, rough around the edges, I am a strong negotiator and firm. Ask some of the associates I work with...ask my husband...heck ask my dad...he'll tell you...BUT I am honest, direct, passionate and empathetic.

Trust me...I understand what you are saying, I don't make the rules or law. I do however believe in my profession and for me my license is priceless!

As far as not stopping for a car accident...jeez...I hope you would. Just like you I am a stand up person...I can see it in the way you express yourself. I like that...but we can be stand up people without offending....making it personal...that is my point! You have proof, you have evidence...OK...post but if you are speculating about someone, affecting their livelihood..yes there is a price to pay!

Aleyana-I used to think the same way until I needed a lawyer..I have used two in my lifetime! They're lifesavers!

Christopher...you bring up so many great points and I agree..that is one thing...your's stat's ...have a source..and hopefully an accurate source. Thanks so much and see you on your post!

Bob-Thank you so much. I will check it out tomorrow! Honestly I think the owner of our company will like this.

Sally-this is a phrase that has stuck in my mind,,,,In negotiating...those who speak first loses...I find this hold true often, not always but often.

As founder and CEO of the REAL ESTATE CHANNEL (http://www.realestatechannel.com/), a global video-on-demand television network 100% delivered over the Internet ("IPTV") based in Universal Studios, Fla - your point of placing disclaimers in your blogs is well taken.

Because we are in the business of distributing video content for others on a global basis, there are a few more items to keep in mind when dealing with large audiences visiting your blogs and/or websites such as Privacy Issues, Limitation of Liability, Indemnity, Copyright & Trademark Uses and Terms of Use.

Have legal language in place that also speaks to these items mentioned above will further protect you on the web as well.

Unreal...thanks for writing about this...

NOV

2007

Bob, That disclosure site is great, Thank you!

Hi Michael-Thank you so much for your words of wisdom and I really appreciate your input. Will check into futher and with legal advice. Thank you so much!

James my pleasure...just want awareness for everyone!

Don't give away other people's secrets -- we owe loyalty to our clients forever. A disclaimer on my blog - hadn't thought of that. I've seen some putting a copyright on their blog and wondered if that is necesary.

Midori

Great article, I read the attached article and it does look like the school is trying to stop the person from complaining. You never know who is watching you. BIG BROTHER. We need to make disclosure when posting, something to think and perhaps worry about.

I did not see the article but one thing that bloggers may soon find their local bords of Realtors naging at them if they use the phrase MLS. Of course anyone that is not a Realtor can use that and NAR cannot do a thing about it.

We live in a society of "cry babies" and "sue happy" people. My aunts neighbor sued dannon yougurt years ago because he found a pit in the cherry yogurt, if you notice now there is a disclaimer on the container! And the lady who sued Mc Donalds because her hot coffee was hot? Seriously.

I once wrote a blog about how disappointed I was with the turnout of a broker open house and then proceeded to blog about how the few realtors that did show, were more into recruiting. Anyway I did not mention any names of companies or anything, but some realotor anomously wrote my local MLS board and my BIC, that they thought I was violating article 15-2 of the NAR Code of Ethics. Well the board called me up and warned me to remove it (which I did), but personally since it was based on fact I think I am innocent, and in fact they would be in violation of article 15-1. The funny part is I did not get one comment from any AR readers.

Also their is a very popular blogger, that recently commented negatively and mentioned the "Colors" of the company, which could easily be a article 15-2 violation. So we all have to watch what we say and do! It is a shame we have come to this in our society.

NOV

2007

It will be interesting to see how the Orlando lawsuit plays out. I googled the school and ran across a very interesting blog by someone who clearly knows his law (provides cites to the pertinent statutes and everything) that pointed out how the website in question had 109 hits at the time the suit was filed - yeah, just over 100 people had heard about the complaints. Now, since the school took this action, EVERYONE knows about what the defendant said about the school, and he certainly hopes the lawyers representing the school pointed out the inevitability of this consequence TO THE SCHOOL before filing the suit. Very interesting take on the situation. He figures, even if everything the defendant said was false (and all but one or two sentences were clearly opinion, and those couple of sentences MIGHT have gone over the line), the school has lost already by the simple act of filing the suit.

Yes, anyone can sue anybody for anything at any time, and some will. Doesn't mean they can win, or even get to go to court if the suit is frivolous enough, but they CAN sue. Which means, near as I can tell, that we should all move away from the keyboard, go home if we're not there already, go into the bedroom, and crawl under the bed and stay there. That's the safest thing to do.

Yes, be careful of what you say. Be professional. Use disclaimers if you think appropriate. But don't be paranoid - don't virtually crawl into a hole and pull it in over you in deference to Those Who Sue. Because the chances are, they'll find something in THAT to sue you over.

Thanks for the post. I love when I read a post and get something out of it. Not only do I get valueable information to build on my blogging experience, but also leave your post more motivated.

NOV

2007

I believe that this is a wake up call for all us. Tecnology could be a tremendous asset and source of business for many of us but. . . there are pitfalls one must avoid.

Our websites have so much content that I have to periodically review them and delete what maybe in a grey area.

Thank you for bringing it up

Fernando Herboso www.ReallyNiceHomes.com

Hi Midori,

I was just thinking about this recently when I commented on a blog and someone else, not the author, made a negative comment to my comment. The weird thing to me, was it appeared that this person was baiting me to say something negative so it can be used to prove their point. I thought to myself how calculating and deceitful this person was, especially since this person used words in their profile and website like "honesty and integrity."

I have a new rule now, never respond to negativity because it maybe be used against us later.

Thanks for the post.

Wow, I can't possibly read through all the comments right now, but you make some great points and bring to the forefront what we should all be considering when we sit down at our keyboards. Thanks for the enlightening post Midori.

DEC

2007

Fantastic post!Using disclaimers is very smart. Thanks for sharing your ideas and experiences.

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