"Staying Out of Jail" - ActiveRain Community Guidelines Re-Visited

Okay, so pour yourself a strong cup of Java, pull up your iTunes, and enjoy the next installment of the ActiveRain Community Guidelines 'EXPANDED' version!

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This next guideline must've been inserted by our corporate lawyers. It sounds too much like one of those 'fine print' disclaimers...

  • Do not violate any laws of your local jurisdiction. This includes all Fair Housing related laws.

Seems pretty straight-forward and obvious, right? One would think so. But ya know, as I observe our members conversing with one another, whether through their blog posts, or commenting on other member's articles, sometimes people say the 'darndest' things!

One area that tends to annoy me is in our "Q&A" Feature (it's one of the tabs right up above there).

In the past, when I've accessed this feature, I've gone straight to my home State of Washington, for the purposes of answering any questions left there by consumers. However, many times when I've done this, I find that the answers have already been provided by a fellow member from another State!

Now if it's a question that's general in nature, like "Who brews the strongest cup of coffee?" or "What's the best thing to use for crab bait?," then no problemo. Anyone can feel free to pipe in.

But if it's a specific real estate related question, why would you want to expose yourself to the potential liability of speaking 'out-of-turn?' I mean, seriously, we all have enough liability as it is, right?

For me, the basic rule of thumb is plain as rain - "If you're not licensed in a particular State, or you don't practice/offer services in that State, don't answer the question!" As basic as the question may seem, or regardless of how much you genuinely want to help out, don't answer. <stepping off soapbox>

Remember, that whatever you write/publish on the Internet can or will be used against you in a court of law!

And additionally, ALWAYS keep in mind the Federally protected classes, and not to use any words/language in your posts or comments that could be perceived as being discriminatory.

 ~ Now get out there and sell something!!! ~

 

19 Comments on "Staying Out of Jail" - ActiveRain Community Guidelines Re-Visited

That is a good reminder.  I have read a few posts that made me shake my head.  In the past, I contacted a couple of agents and suggested they may not want to post that.  In both cases they thanked me and repaired or removed the post.  Both unintentional, but both could have gotten them in trouble.

03/28/2008 10:14 AM by Randy L. Prothero - Hawaii REALTOR® (Century 21 Liberty Homes)

Great points Rich.  I have been involved in Fair Housing organizations for years and know vigilant they are about cause, as well they should be.  Eric Kodner has written some great info on Fair Housing laws but if I were to go back and read the comments there may be some concerns there.

03/28/2008 10:34 AM by Lake Norman Real Estate ~ Diane Aurit (RE/MAX at the Lake)

I don't even go to the Q & A section.  It really should be a rule that only members who have their profile in that state should be allowed to answer questions.

03/28/2008 10:34 AM by Lake Wallenpaupack Pike County PA Real Estate | Karen E Rice (WEICHERT, REALTORS® Paupack Group )

Very good point Rich, I too have read a few posts that make me quiver. As licensed agents it's our obligation to be mindful of what we say and do in public and you can't get much more public than posts on the world wide web.  

03/28/2008 10:34 AM by Fox Cities Real Estate Hotline--- Bob Edwards- Appleton, WI (Coldwell Banker- The Real Estate Group)

Hi fellow Washingtonian!  We are in Vancouver, WA. We just heard an interesting statistic last week, 1 in 56 in California had a Real Estate license in 2007. So with this in mind there maybe some agents out there that mean well but do not fully understand how they are putting themselves at risk. Thanks for taking the time to remind us all.

Patty & Scott Carroll - RE/MAX Equity Group

 

03/28/2008 10:35 AM by Patty & Scott Carroll - RE/MAX, Vancouver WA (RE/MAX Equity Group)

Rich,

Your post makes a lot of sense, and courteously too!!! When I was new on AR, I thrived on the Q&A sections...but then I saw how wide open we were leaving ourselves in expressing opinions we were not entitled to express...it down right scared me away!!! Thanks for the reminder,   Fran

03/28/2008 10:35 AM by Fran 'The Title Man' Gaspari Title Insurance-PA & NJ (Patriot Land Transfer, Inc.)

Another great reminder. You have such a polite way of getting your point across. I have read through some of the Q&A section on a few occasions and the word that came to mind several time was "yikes". I don't look at it much anymore. Of course, sometimes I talk (type) too much also. Now, I have a question...Who brews the strongest cup of coffee? I could use another.

03/28/2008 10:46 AM by Lissa Uder, Your Lebanon MO Real Estate Agent (A Helper Premier GMAC Real Estate)

I have noticed a lot of this in other forums as well. It blows me away when a Realtor is commenting on laws in other States that are no where near them. It is hard enough to know everything in your own state.

03/28/2008 10:48 AM by Bill Gassett Metrowest Massachusetts Real Estate (RE/MAX Executive Realty)

I see that on Trulia regularly.  State laws vary dramatically, even just across a river.

03/28/2008 10:50 AM by Lenn Harley, Homefinders.com, MD & VA Real Estate

I have long since gone over there to look what's going on ...just for that fact. It is STILL going on in Hawaii....there are answers on specific HAWAII land questions that another state agent is answering!!!!  How can that person say the majority of land is owned by a specific entitity!  (you see why I don't go there?  It really is frustrating to have these know it alls give wrong info!)  There are .....agents from other states putting in "let me refer you to an agent in Hawaii" in the question section. I think that should be done away with. Let the consumer ask questions to an appropriate agent in their state instead of getting half a....  answers and junk.  There's even crap like ...how do I insert my picture and etc. etc.

 

Rich...what can be done about this?  This is soooo not what it was intended for.

03/28/2008 11:00 AM by Celeste "SALLY" Cheeseman (RA), HAWAII Real Estate & HAWAII Relocation (Century 21 Liberty Homes -Mililani, Hawaii)

When I first joined AR I thought how very weird that someone from another state would be answering in MY state! I always click on just WA and see if I can help and have come across this and thought not only is it very scary for liability issues but I think its rude. I have seen this on other sites as well. Another question I always have "how many agents does it take to tell a seller....." Self promotion gets the best of us some times!

03/28/2008 02:24 PM by Jo Soss | Bremerton WA Real Estate (Skyline Properties, Inc.)

Great advice Rich, now lets hope the bloggers that need that advice... heed it.

03/28/2008 03:22 PM by Monika McGillicuddy~REALTOR®~ N.H. Real Estate Broker & Trainer (Prudential Verani Realty/Hampstead)

Rich,

That was excellent!  I can almost here you talk by the way you write, no nonsense!!!  I have to constantly remind myself when I sit down to write a blog that I am speaking to a wide range of people, so read it over and make sure you are saying things that the GP won't get upset with.

03/28/2008 03:32 PM by Sara Homan (Coldwell Banker Ellison Realty Inc)

Great advice!!  As for who brews the strongest coffee... no idea.  I'm a tea person so I am therefore not qualified to answer (smile).

03/28/2008 05:37 PM by Susan Mangigian, West Chester PA Realtor RE/MAX Preferred, ABR (RE/MAX Preferred, West Chester, PA, RS152252A)

Rich-not sure why anyone would bother to do this especially since real estate is local.  I have seen it in several places..

03/28/2008 06:27 PM by Midori Miller-Daytona Beach Florida Real Estate Trainer (CENTURY 21 Sundance Realty)

Hi Rich,

I hope the ones who need to see this do, I always wondered why...btw, you sould like a Broker when you tell us what to do! ;)

03/28/2008 06:38 PM by Suzanne Sands-Somerset, MA Real Estate (Century 21 Associates Realty)

Rich - another good reminder for all of us! thanks!

03/31/2008 01:13 PM by Bill & Barbara Jo - Florida Realty Professional - AHWD (Charles Rutenberg Realty)

Nice Post - hoping that people who need to read this actually do.... well, in my experience the ones who need to change don't bother to read posts like this.  In the Q&A section, I have written "why would an agent who doesn't know my state's laws answer???? - I have even sent them an email.  Bad advice is the last thing a consumer needs!! I would never answer for another area of the country or world, it's just askin for trouble!

03/31/2008 02:27 PM by April Hayden-Munson Realtor, Southeastern Wisconsin (RE/MAX Realty 100)

Well Rich, I did not even know we had a question and answer area here!  LOL  I am amazed at how much I am missing that is offered in here.

03/31/2008 03:24 PM by Owensboro KY Real Estate Specialist Vickie McCartney Broker,ASP,ABR (Home Realty GMAC Real Estate Owensboro Kentucky)

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Real Estate Agent: Rich Jacobson ~ ActiveRain Community Builder (ActiveRain Corporation)
Rich Jacobson ~ ActiveRain Community Builder
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