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A reminder about SLANDER and LIBEL

Gossiping Girls In this type of market, there's plenty to speculate about. Unfortunately, some of that speculation tends to lead to unfounded rumors. Recently, I've heard everything from which bank/restaurant/mortgage lender is folding to which builder isn't paying their bills to which suicide was over money troubles. Sadly, some of what I've heard has come from the local media. While reporting mistakes can be made, a retraction after the fact does little to remove the damage done or to squelch the rumor mill.

I don't profess to know everything, far from it actually. What I do know is that rumors can be incredibly damaging and hurtful. I know that they are usually started from misinformation, or from spite or vindicative motives. I want to remind all of us that outside of the fact that we should all know better, there are some legal ramifications as well. Be acutely aware of the definitions or both SLANDER and LIBEL and how they may affect your business.

SLANDER as defined by Merriam Webster is:

Main Entry:

²slander

Function:

noun

Etymology:

Middle English sclaundre, slaundre, from Anglo-French esclandre, alteration of escandle, from Late Latin scandalum stumbling block, offense - more at scandal

Date:

14th century

1 : the utterance of false charges or misrepresentations which defame and damage another's reputation 2 : a false and defamatory oral statement about a person - compare libel - slan·der·ous \-d(ə-)rəs\ adjective - slan·der·ous·ly adverb - slan·der·ous·ness noun

LIBEL as defined by Merriam Webster is:

Main Entry:

¹li·bel

Pronunciation:

\ˈlī-bəl\

Function:

noun

Etymology:

Middle English, written declaration, from Anglo-French, from Latin libellus, diminutive of liber book

Date:

14th century

1 a: a written statement in which a plaintiff in certain courts sets forth the cause of action or the relief sought barchaic : a handbill especially attacking or defaming someone2 a: a written or oral defamatory statement or representation that conveys an unjustly unfavorable impression b (1): a statement or representation published without just cause and tending to expose another to public contempt (2): defamation of a person by written or representational means (3): the publication of blasphemous, treasonable, seditious, or obscene writings or pictures (4): the act, tort, or crime of publishing such a libel

Rumor Mill Be a professional. Do not engage in conversations that in any way could be construed as gossip, rumor mongering, slander or libel. Do not participate in the circulation of slanderous EMAIL correspondence either. Most people are not aware that "email" is considered public property, not private. Once you hit send, you have put "whatever" content out for anyone in the world to see.

Complaints for SLANDER or LIBEL can be easily proven and extremely difficult to defend. If you are found guilty, the repercussions can be financially devastating. You may also become the "victim" of SLANDER or LIBEL of sorts when it appears in the local paper. Obviously, this is not the kind of press anyone would want for their business. Do yourself a favor: Pretend there's a little judge hanging out on your shoulder. If he wouldn't approve of what you're about to say (or write).... don't do it. And as the old addage goes......if you can't say something nice, don't say anything at all !

Posted by Bend Oregon REALTOR ® Kelli Fronabarger on 08/19/2008 11:58 PM

Comments (59)

professionalism, slander, libel

Post is included in group: Active Rain Newbies
Post is included in group: ETHICS and the REALTOR
Post is included in group: Everything Oregon
Post is included in group: Realtors®
Post is included in group: Rookies Turning Pro

59 Comments on A reminder about SLANDER and LIBEL

AUG

2008

Kelli, gossip is never a good thing. If you do not have proof, you should always aviod spreading hear-say

Be professional! Never, never bad mouth especially another agent. Say it to yourself, but walls have ears and it could come back to haunt you!

Naming names is always bad behavior. If I have something to say I just say it without slandering anyone.

Good blog and I feel the ethics/morals break down in this market around here as well. It's to bad that we have to speak of others in a bad manner or even take prospects to make a living. I 'm better than this and always will be.

WooHoooo!

This is it in a nutshell (quoting you above):

Be a professional. Do not engage in conversations that in any way could be construed as gossip, rumor mongering, slander or libel. Do not participate in the circulation of slanderous EMAIL correspondence either.

When I least expect it....a familiar face pops up :)

Kelli,

This is a good reminder for all. And remember the old game of telephone when you were a kid, where you whisper something in someone's ear and they whisper to the next, and so on for about a dozen people, then the last person says it out loud and everyone roars with laughter about how different it is from what the first person whispered. It is not so funny when, as adults, we pass along stories only a tiny bit changed from how we heard them, because after a few tellings, this can ruin a perfectly innocent person's life. We may not know or believe that we are changing them, but we don't have perfect memories and changes occur inadvertently.

I can tell you that in a slander or libel lawsuit, the burden of proof is shifted to the defendant rather than the plaintiff as is usually the case. Once some form of defamation is proven, then the amount of the damages to be awarded must be proven by the plaintiff, so the burden shifts back to him. Before that, the defendant must prove that the story he told is true in order to avoid being found liable.

Better not to pass on negative stories anyway, but if you do, make sure you could prove their truth in a court of law. You never know ....

Good Evening Everyone~

Thanks for stopping in and for your comments. I realize not everyone is busy and that talking about the latest events can be an easy way to pass the time. What I wanted to stress was that "casual conversation", no matter how casual can be turned into slander or libel in a court of law. Busy or not, none of us should have time to be UNPROFESSIONAL. I hear others gossiping all the time and it AMAZES me as to just how many people make this a regular part of their day.

AUG

2008

It sounds like something hit close to home today. And I think you said it very well in your response...it's important that we, as professionals present a professional face forward to the public. Thanks for the reminder.

Kelli: I have learned from long ago that the rumors and accusations can be very hurtful if not damaging to another's reputation. Especially when one doesn't know better and just wants to follow along in that big pack 'for fun'. It's not fun if it's hurtful to someone. And it's not professional either. We all gossip in one form or another...but doing it online with spite and vindictiveness is not thinking in the best interests of the industry, others and our ourselves.

You brought up important issues that needed to be reiterated for those who just don't understand. Fun is fun....mocking, teasing and demeaning others is not.

Good reminder, Kelli! Thanks for the definitions - we need to all be careful!

Kelli - some of the rumors I have heard recently breaks my heart that others thrive on one's misfortune - it is sad that we can act like such vultures

Kelli: All of this was contained in the current issue of Texas Realtor magazine. Slander and Libel are both forms of defamation... and if someone defames someone else and can prove injury or damage... they are opening themselves up for a suit.

Kelli, how are you ? Where have you been? Good to see you.

Great post and a reminder to take the high road and not gossip or slander anyone. Many people hit hard times and people should not make it more difficult for them as we have not "walked in their shoes".

You raise some excellent issues....In my opinion, why would anyone lower their professionalism to do things like this?

I think sometimes people have no idea that they are actually doing this. It's sad, but very true...

I'm sorry, the server kicked me out again. That's me above with the "no name" comment. :-)

I'm an attorney as well....you know "truth is an absolute defense" in both libel and slander. Problem is the game of telephone. What was said 5 people ago, isn't what is being said now. Treacherous waters to say the least.

This is a good piece of advice; some people are quick to make public comments without weighing out the consequences.

It's pretty bad when Bend rumors are heading to Salem...

And of course there was a very recent case where an agent said some very negative things about another agent ( and some customers ) . Great reminder !

Good Morning Everyone~

Nice to wake up to a featured : ) Thanks ! I feel like when times get slow, people let their guards down and do a lot of things they might not otherwise have time for. Standing around the office cooler lends itself the opportunity and having nothing better to do, sometimes harmless conversation turns into something else. I'm not referring to any one particular issue or topic but more to the sheer volume of "stuff" I'm hearing these days. It wasn't so prevalent when agents were busier. Certainly that leads me to believe that some of us have a little too much time on our hands. This is just a reminder to keep on your toes.

Thanks to all for your comments : )

You are right. Never go over the line, though I sometimes do push the line a little when somebody is doing some unethical things or taking advantage of people

Seems there is a lot of negative commentary on here. considering the forum is meant to educate each other by networking and hoepfully reach consumers

""In this type of market, there's plenty to speculate about." Surely there is nothing in this real estate world you can assure for. Rates are going up and suddenly going down before eyes.

Laguna Niguel Real Estate

Aloha Kelli,

My mother always told me that if your don't have any thing nice to say than you don't have anything to say. The reality is that it is so much better for everyone to operate out of a center of positive behavior in everything we do. Living life in a positive manner is also a self fulfilling prophecy. So my motto is let the light shine on you and everything you do and live your live in a positive fashion.

Some rumors are hurtful and some are just plain funny. Last December I heard a rumor that was blazing like a wildfire that I was opening a new Silicon Valley real estate company that I'd manage in my town of Los Gatos. That was bad enough (not true), but then the rumor said I was going to call it the name of a firm that was gobbled up by NRT 10 years ago, which is not even possible!

Luckily, a friend heard this wild tale and phoned to ask me about it. The only truth in the story was that I was leaving the brokerage where I'd been for 4 years. The rest of it was fantasy.

True enough. We need to be careful about what we say, but even more so what we write and then put out for others to see. Online distribution is so high that it would not be hard to prove damages for bad information that is hurtful.

Hello! Good post and a point well made. I always try to not say anything if I can not say something nice! Being in this business; things can get out of control at times when it comes to he said... she said! Thanks for the reminder. Have a great day! Brenda :)

Good point - not only be a professional but adhere to your code of ethics. I like the Thumper rule... if you don't have anything good to say .... well just don't say it. Thanks for this positive post!

Great post.. one should not engage in these activities although some time you find yourself on the edge.. Self contol is needed here

Kelli, it is really nice to hear that someone is concerned about the ramifications of the rumor mill, and I hope that people like you can somehow put a stop to it...God Bless...Jason

Very true. The other addage is the truth is always the best defense. You don't have to remember what you lied about.

So, did you hear about .........................

Kelli, You're final sentence says it all. Mom always told us kids "If you don't have something nice to say about someone, then don't say anything. Some of the best advice comes from cliches.

I feel like I've just been spanked and verbally punished by a babysitter! Are you the slander police? Why must you feel that you must define slander & libel for us all? Do you not feel we have enough intelligence to look the words up in the dictionary for ourselves? Are you referring the the situation here on AR, enough said, we know OR if we don't, we should read up on it. Jeez, we're business adults here.

Wow....Lyn. This post has NOTHING to do with anything here on AR so I guess I'm not the slander police. It actually has everything to do with my local area (Bend, OR.) and some vicious rumors being spread in our community. Sorry to offend you but really, if we're all business adults, posts like this wouldn't be needed or featured. Thanks for stopping by.

AUG

2008

Its part of the code of ethics. Don't disparage other Realtors. Always a good thing to pick up the good and remind yourself of the do's and donts.

I've found that if I am Pleasant, Positive, Personable, and Professional, I don't have to worry about all that bad stuff. Sure, it sometimes rears its ugly head, but maybe a good hair stylist and some makeup is in order.

Would someone please clarify for me the difference between slander and libel? Reading the definitions above, it is not entirely clear to me. It looks as if slander is verbal but libel could be written or verbal? Thanks!

I agree with all of the above, if we are talking about rumors or gossip or false statement. But what about the truth? if we have a really bad experience, I feel I have the right and sometimes duty to talk or write about it. There is a fine line, somewhere I guess, but where?

Anne

Everytime you blog or email, picture that blog or email in a lawyers' hand in court asking you to explain it. i.e. proof what you write. It can come back to bite you. Do not send anything over the internet to ANYONE saying anything negative about anyone. NEVER....even if it is a joke.

That puppy will bite you hard.

I refer all to the NAR Code of Ethics. Enough said.

Good Morning All~

Thanks to everyone for the wonderful comments.

Margaret Mitchell~ From my understanding, slander is verbal and libel is written although I think libel can include both. If anyone knows anything different, please feel free to comment : )

Anne~

If you can PROVE that it is true, I think you're okay. Again, a very fine line so I would act just as if the court was listening to your every word before you say or write anything : ) Thanks for you comment~

Kelli

YUP, we are all grown ups and we should behave like grown ups :) Ultimately we need to focus on our own business, not others!

Cheers,

Cindy

"From my understanding, slander is verbal and libel is written although I think libel can include both. If anyone knows anything different, please feel free to comment "

I spent years in electronic journalism...radio. Bottom line is that anyything read on radio or TV, from copy or a script, is libel and not slander even though it is spoken. So verbal comments, read from a script will probably be libel.

Generally speaking, if you don't want people talking about you then be professional! Most people that are talked about are usually poor representatives of the Real Estate community either in the area of ethics or actual preformance. If you do something wrong you take away from every Realtor and I dont think that we as Realtors should cover for a problem child.

AUG

2008

Amen to that. There is too much gossip that goes on especially in the workplace. He slept with her. She slept with him-STOP IT. People need to stop it. Just because somebody might be doing better in you doesn't give you the right to make up lies or say bad things about that person. Great post.

We do live in a litigious society and we do need to be aware of what slander and libel mean. As Active Rainers we do post information about our experiences but we do need to be careful when doing so. I certainly understand what you are saying when you mention erroneous accounts that appear in newspapers. As a former educator and school administrator I have seen schools defamed because of a "reported" incident that took place on school property. The news made "front page." In time the "incident" was recanted by the person making the original claim (yes, charges were filed against them) and the account of the "recant" was published on page 27... far from front page! Damage was done... and the news media buried the "true" story. Not very responsible journalism in my view.

Always good advise: Zip your lip, it is less complicated. If you must, feel free to listen but don't repeat this type of information, as you can be unfavorably judged as gossipy.

SEP

2008

Thanks for the reminder. Will keep this in mind.

SEP

2008

Well, I don't know if it states in the code of ethics or not without re-reading it again, but isn't there some "Duty" for a Realtor to report another Realtor that is in "violation" of the Code of Ethics?

The last version of Texas Reltors(r) magazine did a great article on what you blog and or put on your web site. Here is a link to that article:

http://texasrealtors.com/web/7/54/magazine/issues/08/0808/features/language.cfm

FEB

David,

you are correct about "Duty" for a Realtor to report another Realtor who is in "violation" of the Code of Ethics! What alot of Agents don't realize is, they are also in VIOLATION of their "STATES" law also!

Many "STATE" laws say, you are to have loyalty, obedience, disclosure, confidentiality, reasonable care, diligence, and accounting. As a buyers agent you are also obligated "unless otherwise stated" to search out all available properties for clients. Regardless of personal opinion or how you will be compensated. Your lack of due restraint can cause you to loose your License, plus get fined!

How happy is your client going to be a couple months or so down the road, when they find their agent told them a lie, because they didn't like that company or listing agent? Do you think they will just say, oh well.... What would you do if someone did that to you?

Agreeing to follow your States Real Estate Laws is on every meeting with someone. It is not for you to pick and choose for your convienence. Do agents really care that the person they don't like has a property for sale????????????? If a lawyer doesn't like another lawyer they don't mislead or misrepresent their client because of a personal conflict. Then why would any agent?????

People who talk or tell lies about others are not professionals and shouldn't be in any field where they are representing someones interest. What people don't realize is, that person they tell this too, then tells someone else who knows the agent they were talking about! Or worse, they contact the the agency/agent themselves to confront them. When they find out the home is still available or that the listing agent was willing to show them the property... You "NOW" are sitting in a pot of hot water! The buyer has just blown your cover and proved your dealing is unfair and you are making slanderous remarks....

You would think with all the slanderous lawsuits out there that people not only in the real estate industry but everywheres would learn.

Wow....name unknown...that's a mouthful of advise. Unfortunately, I would guess 60%+ of the agents in my area don't seem to follow that philosophy. I see it daily, but nothing of great enough importance to rise to the level of a reporting to the real estate commission. I just know who to avoid and how to bite my tongue to keep from letting another agent know what I think about how they handled something. Lawyers rarely sue lawyers, cops rarely turn in bad cops and real estate agents rarely turn in real estate agents. That's life.

MAR

David,

I was actually agreeing with your first post. Your second post has me confused!

You first post; isn't there some "Duty" for a Realtor to report another Realtor that is in "violation" of the Code of Ethics?

Your second post says; I see it daily, but nothing of great enough importance to rise to the level of a reporting to the real estate commission. Lawyers rarely sue lawyers, cops rarely turn in bad cops and real estate agents rarely turn in real estate agents. That's life.

Wow! You seem to have two opinions about your opinion. I guess that is what's wrong with society, Some people just turn a blind eye, to unacceptable behavior(because it doesn't effect them directly). Your right when you say that's life! It sure is, that's someones LIFE, that an untrustworthy agent is affecting.... When somone goes and seeks out a professional and they are mislead, that professional should face consequences for their actions...

If you went to your Doctor and he said you need to see a specialist, and you said, you have one in mind. He advises you not to use him and go to who he recommends. You wind up with a crooked nose or big scar on your left check. Then you find out later that the Doctor you wanted to see, is the top in his field and has never left a scar. Would you say, oh, well, thats Life? Heck, no! You would be mad and would want this PROFESSIONAL held accountable, because he "steered" you to this Clown.

I actually came across a blog that was posted by one of the activerain people. It seems that one buyer wasn't happy about being mislead and took the agent to court.

http://activerain.com/blogsview/348425/NY-Times-Story-Feeling-Misled-on-Home-Price-Buyers-Sue-Agent

Well, I still don't know who I'm addressing this answer to since you've written twice with no name, but my comment was "not" two different opionions. What I said and what you copied and pasted is "HAPPENS DAILY BUT NOTHING THAT RISES TO THE LEVEL OF REPORTING..." I see "behavior" that is unbecomming of an agent on a weekly basis but not a "reportable" item. I'm not going to call the Realtors Association and say "Hey....John Jones got mad at me because my buyer asked for a reimburement to fix a AC unit that went out prior to us closing on a preoccupany and he jumped all over me saying we acceted the house "as is" and his seller is not giving us a dime". I want to file a complaint because he was "abusive" in his language....this doesn't RISE TO THE LEVEL.

I saw an agent that more or less attempted to steal one of my buyers and get them to write an offer on a house she had listed and they wrote an offer and after the home inspection realized it was a "bad house". This is a BAD AGENT....she tried to sell a house she knew was BAD...her listing. So...how to I "prove" that? I don't and I'm not getting into a swearing match with this woman that will DENY trying to capture my buyer.

I could site endless examples.

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