Miami real estate blogger sued for $25 million

Wording is everything and also on a public arena such as this REAL estate network I know I try to mind my matters. Too often the ego gets in the way of common sense and the bashing and in this case 'slander' is not really the way to go. A reminder I'm sure.

Sally 

I have to step in here:  It hasn't yet been decided if Lucas did or did not "slander,"  that is for a court to decide.  I hope that you are not acting as a judge/jury here.  He is the one of the most widely-read and smart guys you'll ever meet. 

Sally are you saying that Lucas "slandered" someone?  Because if you did, you wouldn't really be following your own words of wisdom...'slander' is not really the way to go. A reminder I'm sure.  

It's a fine line, and you may have just stepped over that line, no?

My pleasure.

Let's not confuse libel with slander.  I do not see any way Lucas can be successfully charged with slander.  I'm not convinced they can with libel either, but that's for the courts to decide.

Thanks for posting this.  Of course we are held liable for what we blog about. Not sure where the legal experts are coming from that disagree with that. 

I think at issue is the phrase going bankrupt. I do think there is a common idiom where people will say "It's bankrupting me, or I'm going bankrupt," but not actually mean they are filing bankruptcy.  Bankrupt is a verb (how the blogger used it) vs. a noun (implying bankruptcy).  Look it up in the dictionary.  Semantics is everything.  I really don't see how the developer is going to win this one.  How the heck he is coming up with $25M is beyond me?  Not that Lucas isn't a good blogger, but he really thinks that one comment caused him $25M in damages?  Hello, the market sucks!!

Seems Lucas would have a case for damages due to the lawsuit.  I mean he is the one who lost his job and is getting defamed in the news.  In a year from now, all clients are going to remember is that some real estate agent Lucas guy got sued.  They aren't going to remember the details or if it was valid.  I hope he gets a big apology from the developer on the front page of the newspaper. :)

Now having done, my rant, I do think we need to be careful about what we say about specific builders and our clients for that matter.  I email my clients blogs that are about them, if I am remotely concerned that they would be offended. My clients know I blog, and they actually will say "well this situation is a blog topic for you" or "please don't blog about this (and I don't)."  Blogging is a great thing. Common decency will get you a long way, in my book.

 

Aaaah, preach on Melina.  It's good to read from someone with sense about them!

BTW, I was in Brickell Key this afternoon and sat down with a broker to discuss the state of the area and it's not good.  He's not a doom and gloom type, merely stating what he's noticed from sellers and potential buyers.  There a number of buildings in the area that are having problems because buyers are backing out and forfeiting their deposits.  Since no one is buying and units are going into foreclosure, appraisers are not able to get high values, thus making it even more expensive for the buyers to close.  Opera is in the same boat as those buildings. As I mentioned before, it's the market down here, not the blogger.

yikes - better to be safe than sorry.  Thanks for the link.

Lucas- I am glad you came on here to read the comments. I hope you win this case and counter sued for damages, you are the one who has damages. Please keep us informed as to how it goes. I am sorry that you have to defend yourself against fellow bloggers. It does not matter who you are, you have the right to your opinion and the right to express it. The market is so bad for condos in Miami and attorneys are starting up new niche; getting buyers out of condo contracts. I just read an article about this building in the South FLorida Business Journal and the journal is not getting sued! What is up with that! Where is the ACLU when you need them? Katerina

Fortunately truth remains an absolute defense against both libel and slander actions.

 

The truth is your defense, granted.  But once the judge has banged the gavel and awarded someone $25M, it becomes your burden (and expense) to appeal that ruling, with no assurance that a Court of Appeals will even hear it.

 Yeah, I say he should not have said the guy was bankrupt if he wasn't but I agree, even if liable, the court would have to be able to prove damages. This is why these cases don't go far. You have to be able to document real damages directly connected to this statement. Good luck on that.

But blogger beware! I see more of a fair housing violation or something is the part to be aware of. I have read ridicuous staements about neighborhoods on forums from Realtors. Check your blogs and language.

This is why you should always back-up your information with resources (preferably with links). Presenting information this way takes the liability aspect off of you the blogger.

Does anyone have an idea how this turned out? 

blog on the dashboard on it today....

Wow, I guess it could happen to anyone but blogging is like talking but talking to everyone so you do need to always be careful about what you say about others and companies.

Debbie turns out the case was dismissed in January 2009.

For anyone in the future reading this...  Lana Robbins shared this on a post about this today:

Hollo Vs. Lechuga

UPDATE: On 01/06/2009 the court granted an order of dismissal for both defendants.