Nathan Gesner, Broker / Property Manager (American West Realty & Management)

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Alan May
Coldwell Banker Residential - Evanston, IL
Helping you find your way home.

Based on the photos in the article, I don't think they have a brick to stand on.  The houses look dissimilar enough.

Oct 11, 2017 06:21 AM
Rainmaker
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Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

I had not heard this... welcome to America where people seem to think they can and should sue for any reason whatsoever!

Oct 11, 2017 05:06 AM
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Fred Griffin
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

  Shutter the Law Schools.   

Oct 11, 2017 05:51 AM
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Debe Maxwell, CRS
www.AtHomesCharlotte.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

Some folks just have nothing better to do...unfortunately, litigation is a favorite pastime for many!

Oct 11, 2017 05:49 AM
Rainmaker
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Michael Jacobs
Coldwell Banker Residential Brokerage - Pasadena, CA
Los Angeles Pasadena Area Real Estate 818.516.4393

I have not heard about it but I'm also not surprised.   

Oct 11, 2017 05:26 AM
Rainmaker
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Peter Testa
Nationwide Homes - Danbury, CT
PETER TESTA

Intellectual property lawsuits, biggest sham going, takes a sketchy lawyer and an AH neighbor.

Oct 11, 2017 05:06 AM
Rainmaker
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Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

In my next life I will go to law school. Ha! 

Oct 11, 2017 02:13 PM
Rainmaker
190,195
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

Locally we had a city council woman use the power of the planning department to stop a house from being built near her home because she thought the design was too much like hers. She has since resigned from the city council and has had ethics charges brought against her. 

Oct 11, 2017 09:12 AM
Rainmaker
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Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Wow, how interesting.

Oct 11, 2017 07:28 AM
Rainmaker
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Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Effin' snowflakes!
If the judge doesn't throw this out with a belly laugh, the judge needs to be thrown out.

Oct 11, 2017 06:51 AM
Rainmaker
3,818,251
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
"Franklin MA Homes"

if the plan is a copyright, the architect who drew the original home would have the right to sue.... 

Oct 11, 2017 05:47 AM
Rainmaker
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Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Area Real Estate

I saw pics & I don't think that they look similar at all. I guess you can sue for whatever reason you'd like.

Oct 11, 2017 05:38 AM
Rainmaker
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Sybil Campbell
Long and Foster REALTORS® 5234 Monticello Ave Williamsburg, Virginia - Williamsburg, VA
REALTOR® ABR, SFR, SRES Williamsburg, Virginia

People will sue for anything this day and time.

Oct 11, 2017 05:27 AM
Rainmaker
2,169,089
Richard Weeks
Dallas, TX
REALTOR®, Broker

So stupid.

Oct 11, 2017 05:13 AM
Rainmaker
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Roy Kelley
Realty Group Referrals - Gaithersburg, MD
Roy and Dolores Kelley Photographs

Thanks for sharing this situation.

Oct 11, 2017 05:07 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams fox cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Susan Emo shared this on FB, I thought it was a frivolous tort.

Oct 11, 2017 11:21 AM
Rainmaker
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Gloria Valvasori, ASA
Better Homes and Gardens Real Estate Signature Service - Streetsville, ON
Outstanding Service Since 1987 416-717-6331
Oct 11, 2017 10:51 AM
Rainmaker
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Ryan Huggins - Thousand Oaks, CA
www.HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I did hear that.  Suing under copyright laws I heard.  What will people think of next!

Oct 11, 2017 08:53 AM
Rainmaker
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Margaret Goss
Baird & Warner Real Estate - Winnetka, IL
Chicago's North Shore & Winnetka Real Estate

I just found the article and read it. I don't think they have grounds to sue, but it says that the builders of the new house (renovation, actually) stood outside his house studying it and even approached him and told him that they were copying some of his design.

Oct 11, 2017 08:40 AM
Rainmaker
2,376,517
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale - Probate Broker

I did ... just crazy-making in my mind. 

Oct 11, 2017 08:22 AM
Rainmaker
286,334
Teri Pacitto
Compass - Westlake Village, CA
Real Estate, Your Style...Your Home...My Specialty

Looking at the photos they don't look like copies of the same house.  Homeowners often stay within the style of the neighborhood and that appears what they did and often there are rules that would be required to stay within conforming style.  I don't see anything that depicts a copy of the house. Similar style and colors, yes, but that's about it.  Anyone can sue for any reason but this is ridiculous.  

Oct 11, 2017 07:42 AM
Rainmaker
2,155,890
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

In America we learn (and promote) to settle all our disputes via litigation...

Oct 11, 2017 06:41 AM
Rainmaker
607,087
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

One of my neighbors copied my path design; should I sue?

Oct 11, 2017 06:21 AM
Rainmaker
618,881
Pete Xavier with X Group Real Estate Advocates
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

Very funny! Homes look dissimilar to me.

Oct 11, 2017 06:14 AM
Rainmaker
439,576
Mike & Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

Crazy story...

Eve

Oct 11, 2017 05:48 AM
Rainmaker
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Tony and Suzanne Marriott, Associate Brokers
Haven Express @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

Nina Hollander nailed this one!

Oct 11, 2017 05:25 AM
Rainmaker
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Dave Halpern
Keller Williams Realty Louisville East (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

We live in a frivolous society

Oct 11, 2017 05:22 AM
Rainmaker
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Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Wow, they will never be friends

 

Oct 11, 2017 12:34 PM
Rainmaker
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Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Nathan Gesner I guess nowadays you can get sued for almost anything. et's see what happens.

Oct 11, 2017 12:11 PM
Rainmaker
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Jennifer Mackay
Keller Williams Success Realty - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

I have not but don't doubt it - people will sue for anything these days

Oct 11, 2017 10:12 AM
Rainmaker
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Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

I did see this and had a WTH moment.

Oct 11, 2017 08:15 AM
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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Nothing like sweating the small stuff in life.

Oct 11, 2017 07:57 AM
Rainmaker
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Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

 a permission to imitate others is appreciated.

Oct 11, 2017 07:45 AM
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Jeff Dowler
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude - Carlsbad

Hadn't heard about this. You can sue for anything these days. But will their prevail?!

Oct 11, 2017 07:06 AM
Rainmaker
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Sandy Padula and Norm Padula, JD, GRI NMLS#1483386
Realty One Group - Carlsbad, CA
Presence, Persistence & Perseverance

Looks like the Jones' don't like copycats?

Oct 11, 2017 06:34 AM
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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

I read the article and think that was a stretch. Since the situation was not proved in court but settled outside of court it makes me wonder what they decided to do, paint the windows another color or paint the trim and eaves?

Oct 11, 2017 05:34 PM
Rainmaker
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Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding and Marketing

Nathan,

So many crazies

Oct 11, 2017 04:59 PM
Rainmaker
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John Pusa
Berkshire Hathaway Home Services Crest - Glendale, CA
Your All Time Realtor With Exceptional Service

Nathan Gesner I read an article about the lawsuit. Very interesting!

Oct 11, 2017 03:43 PM
Rainmaker
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Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Same Builder?

Oct 11, 2017 02:37 PM
Rainer
152,607
Caroline Gerardo
Eagle Home Mortgage, LENNAR HOMES Home Loans - Newport Beach, CA
C. G. Barbeau the Loan Lady

not familiar with Canadian real estate law, but am familiar with copyright law. The architect, stone mason and any skilled particular custom piece would need to register the copyright and visibly stamp it. Couple things really stupid about this lawsuit- 1. first owner allowed others to come inside and document all the finished, trims, paint colors etc (why would you do this if you think your ideas are special and unique?) 2. they were neighbors- okay War of the Roses comes to mind or some nut next door harming you 3. tract houses almost always "copy" 4. the finishes the second house used are much cheaper- veneer stone not the same, aluminum gutters verses custom copper ones, window quality much lower... Yes it's similar but not enough to ask for a million dollars, dumb people can spend money on legal fees and attorneys will take your money every time

Oct 11, 2017 01:32 PM
Rainmaker
7,862
Royalty One Mortgage
Royalty One Mortgage - Henderson, NV
Mortgage company in Henderson, Nevada

Nathan,

 I had not come across this story until now, thank you for sharing! What a weird situation, but I'm sure it probably happens more often than many people may think. I'd like to read a follow-up post regarding this story if "Scary Steve" can ever be located (lol).

-T.J. / The Royalty One Mortgage Team

Oct 12, 2017 01:03 PM
Rainmaker
1,010,893
Kat Palmiotti
Grand Lux Realty, 914-419-0270, kat@thehousekat.com - Monroe, NY
The House Kat

Oh for heaven's sake. They don't look the same. The materials are different, the size of features is different. I don't see it.

Oct 12, 2017 03:32 AM
Rainmaker
1,143,878
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Los Angeles CA

Are they in CA? I would not be surprised if they are. We have too many lawyers....

Oct 12, 2017 12:01 AM
Rainmaker
663,250
Thomas J. Nelson, Realtor,CRS,e-Pro
Big Block Realty 858.232.8722 - La Jolla, CA
Co-Host of Mail-Right's: Real Estate Agent Podcast

GOOD LUCK with that.

Oct 11, 2017 07:51 PM
Rainmaker
3,221,586
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Unless the plans were some how licensed I don't think they have a chance

Oct 11, 2017 05:57 PM
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Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

The main reason I posted this story was because the Realtor was drawn into the lawsuit too!

Oct 15, 2017 12:24 PM
Rainmaker
3,090,158
Joan Cox
Metro Brokers - House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

This is just ridiculous, sounds like people are very sue happy! 

Oct 13, 2017 07:28 AM
Rainer
133,006
Libby Cousins
Extraordinary Processing - Spokane, WA
Contract Mortgage Processor, licensed in WA

I can't beleive that they actually "settled" out of court. Crazy what people will try to get money for - but they will keep trying as long as it works. 

Oct 12, 2017 09:51 AM
Rainmaker
3,785,021
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I am pretty amazed by this story and surprised that they settled.

Oct 12, 2017 06:27 AM
Rainmaker
3,604,354
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

no

Oct 12, 2017 06:16 AM