Here is a NOVA agent who is getting a little heat for their blog post.  A lot of folks are concerned that this "heat" is a violation of his First Amendment rights.  Here is the trackback:  http://realdiablog.typepad.com/weblog/2007/12/the-story-of-a.html

Here are my comments that left on the Real Estate Bloodhound:

I hate that the agent has to go through this, but I would be interested to see what a court case would reveal.  This is my fear about some of the stuff that I read on Agent blogs.  I am a COE instructor and Professional Standards Certified Administrator.  I also happen to know some of the Association folks that were referenced.  I don't know them well, but what I do know makes it hard to believe that they would agree with this county official without having all the facts.

From a liability standpoint, I don't agree that we're being treated as sub-citizens in this regard, because we're REALTORS.  I feel that we're held to a higher standard.  We cannot make any rules as an association that is contrary to Federal Law (1^st Amendment), but we can make rules that are more restrictive, just like HOA's can.  Virginia Law has this ambiguous code section that outlines our fiduciary duties.  One of the items is "ordinary or reasonable care".  I feel that this code section deputizes the REALTOR Code of Ethics as a reasonable measure of reasonable care.  When we become REALTORS and subscribe to the COE I think this fiduciary duty would be upheld by a court as a higher theoretical level of care, because people hire us as REALTORS.  (I am not an attorney, I just talk to them a lot).

This is where the argument comes in, as to if blogging is an expression of thought or is it really marketing.  My personal opinion is that it's marketing if it has anything to do with your business.  Article 12 is very specific that we "shall" be truthful and honest in our marketing and the 2008 changes are better defining internet specific marketing.  I would hope that any Professional Standards review group would take into consideration "intent".  I don't know what's true or not about the post in question, but I think the county official would have a hard time illustrating that he intended to deceive anyone.  

I don't know... there are lots of things to consider here.  Blog at your own risk, but for goodness sakes, make sure your information is accurate!  In Spotsylvania county, there was a county employee for the code compliance office file a complaint because a REALTOR was advertising a 4 bedroom house with a 3 bedroom septic.  Of course it was dismissed from VREB, but still what a pain.  This is a very litigious industry.  We need to be care.  Perception is sometimes more dangerous than intent and facts!

Lastly, this is a prime reason why in my lectures to brokers, I stress that they must be reading their agent blogs to ensure they have a heads up in case something like this happens.

I wish this agent the best of luck and hope that it works out.  Trying to keep the County Officials in check via a blog is like sticking your finger in a bee's nest!