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Sue Who?

In Miami real estate blogger sued for $25 million Jonathan Washburn wrote:

"Real estate bloggers: practice diligence with what you publish on your blog! If you claim something inaccurately and it causes injury to a person, you may be sued for libel. In response to a claim of libel, blogger Lucas Lechuga was let got by his brokerage and is currently being sued for $25 million (see CBS video)."

Great discussion going on at Jonathan's ActiveRain blog but even if you don't want to say what you think tell us on this poll what you think. Not about whether what Lucas Lechuga wrote was libel or not. Not about what the lawyers say and what the courts decide but about how it makes you feel about blogging here or on a blog outside of ActiveRain. Does this scare you? Should it scare real estate bloggers? Should it scare other bloggers (non real estate.)

Is blogging worth it?

You can do multiple answers, you can add an other. It is anonymous.

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ActiveRain members: Comment at your own risk. Please note if this content is for the general public and not for the real estate industry, I will delete most comments from ActiveRain members. Previously I was turning off comments on local content but I have decided to put out the unwelcome mat for ActiveRain members, instead. Nothing personal. Move along and comment where it will be appreciated! Thanks.

Posted by Maureen McCabe Central OH Homes on 01/29/2008 11:46 AM

Comments (22)

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22 Comments on Sue Who?

JAN

2008

Maureen

Many avenuea of play coming up to surfure,

Tom Braatz

My posts are mostly positive, and when they are negative it's usually an opinion about a thing (dog limit law for instance) that I don't like, rather than a person. I'm not worried.

My broker loves that I blog. I wouldn't work for someone who was afraid of blogging.

I see you got more votes than comments. Possibly they are afraid of being sued. LOL

There are a lot of things in this business that we can be sued over, and this is just another one.

What a shame, though I would have not said the guy went bankrupt until I confirmed that fact.

If you have the facts on your side they can still sue you, but likely you win and file a counter suit for malicious prosecution and damages and take some coin out of their pockets.

What did he say in the blog that is causing problems? Sounds pretty rediculous to me. Sean Allen

I'm anxious to see how the Miami case comes out. Just remember when you post anything in the public domain that it can and will be used against you. Keep messages positive, and truthful, and you should avoid most problems.

Thanks all for the comments Sarah... my first blog was based on only wanting to say nice things about Columbus, kind of "if you don't have anything nice to say, don't say anything at all." Which can get sorta boring. And it is kinda more PR and less transparency... Yet blogging nice still brings out people who want to argue... the cartoon you shared a few weeks ago on AR. Issues like what band is NOT playing at the Italian Festival... and what Mexican Restaurants are good in Columbus.. no it is not even what's good... it's what I like... Randy... it is safer, private ballot. Hank... basements scare me... Sean... I guess the law suit is over saying the builder had gone bankrupt in the 80's? Builder did not file bankruptcy? Watch the CBS video. I think there is something more important there really but gee I don't want to venture an opinion.. ;- )

I try to not talk about specific people and if I do I disguise their identity. I will be watching the outcome as we all will.

I've seen many posts where I have to wonder what the agent was thinking writing it...scary.

Sellsius on how to not get sued. Or how to not get your broker sued...

Joe's an atty.

http://blog.sellsiusrealestate.com/legal/did-real-estate-blogger-defame-miami-developer-a-25-million-libel-lesson/2008/01/29/

Maureen- Randy's comment made me laugh......yea there are more votes than comments, but at least people are reading it :)

I read the guy won't get a dime. But who knows?

JAN

2008

Interesting topic, Maureen. I have been pondering another interesting issue as well. That is, can a blog host be held liable for slanderous comments posted on one's blog. In my town, we have had fictitious posters posting libelous comments on our local newspaper's website. The newspaper has been publishing them without any fact checking, etc. I think they are potentially incurring liability for publishing libelous comments posted by anonymous or fictitious posters.

Do you think so? I thought the blogger / blog platform is protected when it comes to comments. Except of course for people remembering reading rauchiness on the blog and not remembering rightfully that it is an anonymous comment...

JAN

2008

Or maybe not....

A new wrinkle... one sub chain sues another sub chain over the depictions from consumers (user generated videos) about the sandwiches:

Sued for encouraging user generated content

" The dispute over an ad is fairly standard — companies often sue one another over advertising claims — but the video contest raises a novel legal question: Quiznos did not make the insulting submissions, so should it be held liable for user-generated content created at its behest? ... "

I think we will be hearing a lot more about this subject in the future. In my opinion, if you are the publisher of the comments, you do bear some responsibility for the author's comments, especially if the publisher knows the comments to be false or publishes them with reckless disregard for the truth.

What if you (as the blogger) published a comment but refuted it in a comment of your own?

FEB

2008

I'd be more curious to hear from all the consumers who bought in that building and hear what they think. Remember the public is always protected so I'm sure it is a two way street and a lot more to this story.

Maureen, this reminds me of a RE trainer I believe I heard in Las Vegas in Nov. If some one ask hows RE business you reply it great. For me that is true. Should I be afraid to say that? If your business is not. As a business person we especially RE agents as seen as being rich by some standards. I am not rich but enjoy my living. So any one who see this may want some of that. We can be sue by any one for anything. As the saying goes"you mite beat the rap but you wont beat ride". Check your insurance make sure your covered. Go to work or blog whatever makes you happy. If they want you they will try. I for one will not walk afraid and not do buisness. As a landlord you see this crap everyday.

Neal are you in the same market? My command of Florida geography is not great.... what do you mean the public is always protected? From the market? From the developer? From the truth?

Frank I have never heard"you mite beat the rap but you wont beat ride"

JUN

2008

What about leaving a disclaimer to the effect of:

"This information is accurate to the best of my knowledge and is entirely my own opinion. I encourage you to research this issue further."

Would a disclaimer leave you protected?

JUN

2008

There is discussion about that on Selsius blog and elsewhere. There are a few people on AR who use a disclaimer. I used to have one on my first blog. It was about it being my opinions not the opinion of the brokerage I am affiliated with.

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