Realtor getting sued over IDX feed. Are you next?

By
Real Estate Agent with Future Home Realty
http://actvra.in/RQK

Update 4:31PM EST March 11, 2013 - I just received word from Laurie Janik, Chief Legal Counsel at the National Association of Realtors that the Lawsuit has been dismissed. I am not sure what has happened but I am thrilled. I want to thank everone for their support. 

 

Yesterday I wrote a blog post about how I had to remove the IDX feed from my website. Today, I have an update in that Brian Stevens and Frank Garay at the National Real Estate Post featured my Federal Housing Lawsuit in their extremely popular video blog.  

 

I feel that the information in the video and in my original post is very important for all real estate agents to know, as most agents are not aware that they can be sued for any listing that appears in an MLS IDX feed, whether that listing is yours or not. In my case I am being sued for another listing agents listing which has the language of "Adults Only, No Children Under 16 Allowed" in it.

I have contacted the local and state associations of Realtors with the primary answer from them being, that they are interested in being updated on the lawsuit, but that real estate agents are responsible for all listings on their website, including those on an IDX feed, and we are also responsible for all listings we email to buyers from the MLS. I am waiting for the NAR to contact me also, and I will give an update when I hear from them.

My goal is to make as many real estate agents as possible aware that they can easily be sued by the general public who decide to become Independent Fair Housing Testers, and how easy it is for them to file a lawsuit against any and all real estate agents.

Please understand my intention is not to get anyone, including the actual listing agent in trouble, and it certainly is not to say anything bad about my brokerage as they are great. I understand the company attorney feels that it is best for me to settle for $5,000 however, I am at this time unwilling to do so without a fight. 

Without listings on my website, I am pretty much out of getting much business. Hopefully, I can get this resolved without any great expense, though it appears I will now have to pay an attorney to defend me in Federal Court. And of course will I be allowed to make a living or not. Time will tell.

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Re-Blogged 15 times:

Re-Blogged By Re-Blogged At
  1. Lyn Sims 03/09/2013 10:22 PM
  2. Jill Sackler 03/10/2013 01:06 AM
  3. Cindy Westfall 03/10/2013 03:00 AM
  4. Marte Cliff 03/10/2013 04:25 AM
  5. Ed Silva 03/10/2013 05:22 AM
  6. Matthew Sturkie, CRS, GRI 909-969-3805 03/10/2013 05:33 AM
  7. Inna Ivchenko 03/10/2013 06:49 AM
  8. Pamela Seley 03/10/2013 07:22 AM
  9. Lisa Lowe 03/11/2013 04:04 AM
  10. Karen Steed 03/11/2013 04:15 AM
  11. Jerri Schick 03/11/2013 04:57 AM
  12. Ute Ferdig 03/11/2013 05:07 AM
  13. Pat & Wayne Harriman 03/11/2013 05:09 AM
  14. Mark Brian 03/11/2013 06:04 AM
  15. Dianna 201-895-1768 03/12/2013 07:16 AM
Topic:
Real Estate Best Practices
Location:
Florida
Tags:
realtor
real estate agent
mls
lawsuit
idx
fair housing laws
independent fair housing tester

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Anonymous
Rachel LaMar

Jeff, This is beyond outrageous. If people are going to waste everyoone's time filing lawsuits that are this frivolous and have no grounds to begin with, then every agent is going to eventually have to remove IDX from their sites. This will be a huge loss to our clients and to those who want maximum exposure sellling their homes. IF we could in any way be liable for this, then NO ONE should be able to post listings anywhere, except for local MLS boards. This of course would put us back to a time when real estate agents were the only ones who possessed the knowledge of what was on the market, which makes it ripe for fraud and shady dealings amonst agents (as if we don't have enough of that already). As an attorney I am astounded that others would even file such a lawsuit. I am going to keep my eyes glued to your plight. I know you will come out fine, but I am sorry you have to go through this. I am sure your attorneys will counter sue to cover all your expenses and then some. Best of luck to you.

Mar 22, 2013 12:53 AM #297
Rainmaker
815,080
Juli Vosmik
Dominion Fine Properties - Scottsdale, AZ
Scottsdale/Cave Creek, AZ real estate 480-710-0739

Jeff, I had to stop back on this one.  My broker is FURIOUS that your local board will not help you on this.  That's why we have to pay the dues we pay.  He would certainly step in anddemand the board do their jobs!!!!

Mar 30, 2013 06:07 AM #298
Rainmaker
88,455
Jeff Launiere
Future Home Realty - Tampa, FL
Jeff Launiere

Juli Vosmik - Laurie Janik, Chief Legal Counsel at NAR got involved, and a few hours later, I was dismissed from the lawsuit. I also got massive support from Realtors across the country, and Realtor Associations in many states. I also have to thank and recommend anyone who ever has any Real Estate related issues to give Attorney Michael Erdman of Teeple Leonard & Erdman a call. He gave me so much help and can be reached at (312) 242-1585. Also, Ann Cummings, a Realtor in New Hampshire had the contacts that got me the call from Laurie Janik. I have no doubt that if it was not for the massive support from the Realtor Community, this would have turned out very different, as surprisingly, those that I would have expected to receive help from, were nowhere to be found.

Mar 30, 2013 10:09 AM #299
Anonymous
Susan Hornr

Thank goodness this has a decent ending! Things are crazy enough without this sort of idiodic stuff to contend with. Sorry you left your brokerage. Your positive attitude is inspirational! 

Apr 01, 2013 03:08 AM #300
Rainmaker
88,455
Jeff Launiere
Future Home Realty - Tampa, FL
Jeff Launiere

Susan Hornr - Thank you! Things worked out well in the end, though it did take time, energy, money, and likely lost money. I wish I did not have to leave my brokerage, as it has been the best. Very efficient office, well run, and I would have likely spent the rest of my days there, but an incident like this can force your hand.

Apr 01, 2013 05:12 AM #301
Ambassador
2,054,128
Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Palm Harbor, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor

wow, I just heard about this whole thing last week and am flabbergasted! For SO MANY reasons!!!

Apr 22, 2013 07:24 AM #302
Anonymous
Eric Vazquez

I just am completely mind-boggled by the response from your state and regional/local associations. I am going to assume your association is like mine in NY. All MLS data inclusive of commentary viewable to the public is a copyrighted compilation. How can the "owner" of the data refuse to accept any responsibility for the data especially when that ownership is confirmed by the copyright?

Apr 22, 2013 07:56 AM #303
Rainer
29,073
Angie Johnson
RE/MAX Luxury Real Estate - Scottsdale, AZ
Angie Johnson

Always have a disclaimer at the bottom of your pages stating you are not liable for information being displayed as it is a 3rd party service:).  Thanks for the post, very interesting!!

 

May 17, 2013 12:56 AM #304
Rainer
135,227
Rod Pierson
Mitchell & Associates - Redding, CA
Northern California

With all the hungry attorneys an agent has to be extremely careful and keep their eyes open for all pit falls.

So happy for a happy ending, someday I will share one personal experience that no realtor would have saw it coming.  

Wishing All Active Rain Community a Happy,Healthy,Prosperous New Year in 2014. 

 

 

 

Dec 30, 2013 04:41 AM #305
Rainmaker
34,255
Robert Adams
Broker at The Adams Team at Rothwell Gornt Companies in Las Vegas & Sankey Real Estate in MA - Las Vegas, NV
Real Estate Broker in NV, MA, & RI

Everyone gets sue happy with this kind of bs.

Dec 30, 2013 05:08 AM #306
Rainmaker
417,315
Catherine Ulrey
Keller Williams Realty Portland Premiere - Salem, OR
Equestrian and Acreage Property Specialist

Do you have an update on this?  Please keep us informed.

Dec 30, 2013 05:12 AM #307
Rainmaker
417,315
Catherine Ulrey
Keller Williams Realty Portland Premiere - Salem, OR
Equestrian and Acreage Property Specialist

Do you have an update on this?  Please keep us informed.

Dec 30, 2013 05:12 AM #308
Rainmaker
417,315
Catherine Ulrey
Keller Williams Realty Portland Premiere - Salem, OR
Equestrian and Acreage Property Specialist

Do you have an update on this?  Please keep us informed.

Dec 30, 2013 05:12 AM #309
Rainer
52,865
Eric Galuppo
Real Estate Rev - More Leads Means More Revenue

CONGRATULATION Jeff for being one of the top 5 most commented post of 2013!

 

Dec 30, 2013 10:30 AM #310
Rainer
237,516
Jimmy Faulkner
Florida. Homes Realty & Mortgage - Wantagh, NY
The Best Of St. Augustine

We have become a group of moral lepers, just look at the congress. American greatness is dwindling so fast and NO ONE wants to talk about what  we are beccoming.

Dec 30, 2013 10:57 AM #311
Rainmaker
343,574
Jane Chaulklin-Schott
TEAMCONNECT REALTY - (407) 394-9766 - Orlando, FL
TeamConnect Luxury Homes - Orlando, Florida, 32836

Congratulations, Jeff! Came over from Kerrie's post on the top 5 commented posts. I did miss your post and will review. Nice going, though.

Dec 30, 2013 12:04 PM #312
Rainer
84,128
Andre R. Aragon
Greater Tampa Real Estate Photographer - Tampa, FL
Real Estate Photographer

Happy New Year Jeff! I hope you have a great one in 2014!

Dec 30, 2013 09:29 PM #313
Rainmaker
353,088
Marie Story
Keller Williams - Pinecrest (Miami) - Pinecrest, FL
Broker Associate, Pinecrest (Miami) Specialist

The thought that there is a possibility that I might be responsible for what another agent does is very unsettling!

Dec 30, 2013 10:33 PM #314
Rainer
135,227
Rod Pierson
Mitchell & Associates - Redding, CA
Northern California

HI jeff, sounds like a real accomplishement, keep up the good work and congratulations 

Have a great day tomorrow, and bring in the year with a bang..... 

Dec 31, 2013 07:43 AM #315
Rainmaker
1,064,751
Jane Peters
Home Jane Realty - Los Angeles, CA
Connecting you to the L.A. real estate market

I was just directed to your previous post and can totally commiserate with you. I In my large market I have to deal with agents threatening to sue me because I am "advertising" their listing on my website. To be polite these people are clueless and should really not be in the business and it gets to the point that you wonder if it is worth it.  I hope you are back with an IDX because they really are great tools, and you have been villified, naturally.

Nov 12, 2015 08:08 AM #316
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