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Realtor getting sued over IDX feed. Are you next?

By Jeff Launiere

Real Estate Agent with Future Home Realty

March 08, 2013 12:33 AM

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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Jeff Launiere

Future Home Realty - Tampa, FL

Jeff Launiere

I do plan on responding to as many people as possible as long as the conversation is still relevant. Unforutnately, between the blogs, emails and phone calls, I am overwhelmed, and of course I still must get work done. I have also been told to remove all blogs, posts and comments, but as long as I am not forced or shown a reason to do so, they will stay. If you do see them suddenly removed, you will know what happened, otherwise I will be back to respond. I thank you all for your support, and to those that were not supportive, I also thank you, as I appreciate all perspectives.

Mar 14, 2013 10:28 PM

Neal Bloom

Brokered by eXp Realty LLC - Weston, FL

Realtor CRS-Weston FL Real Estate

I also might add that I agree with Katerina..what about all those websites like Zillow,Realtor.com, Trulia,Ect..just to name a few and there are plenty of other lower end sites without big legal..they all load the IDX information. Also I sell a lot of retirement communities and they have their own laws and do not allow children or any occupants under 55 yrs of age unless it falls under the 80/20 exception rule.

Mar 15, 2013 06:26 AM

Russell Lewis

Realty Austin, Austin Texas Real Estate - Austin, TX

Broker,CLHMS,GRI

I was happy to hear that this stupidly frivolous lawsuit was dropped!

Mar 21, 2013 01:08 AM

Jeff Launiere

Future Home Realty - Tampa, FL

Jeff Launiere

First, I again, want to thank all of you for your support.

I have now changed brokerages and am now with Future Home Realty here in Tampa, FL. This whole situation was really unfortunately. Until this lawsuit, I had no plans to leave my office as I have to honestly say it was the best run office I had been with over the years. Great staff, and incredible service to its agents. I am looking forward to my new office. I also have put IDX back onto my website. My MLS is saying they believe they have now enacted something that will prevent the likelihood of this happening again. When agents enter new listings, there will words that will cause a warning saying please check the word for proper context. You can still use the words, but since the word could by itself point to a violation, it makes you aware and asks you to verify that it cannot be discrimination. There are also stop words, such as "adult only" or "no children." These words will not be allowed to be used in public or Realtor remarks. An agent would be forced to choose new words.

Will this all work? Hopefully it will prevent Federal Housing violations. It will however not stop the MLS violations which are common in our MLS, such as agents contact information being in the public remarks, or on property photos, as there are no plans to use the software to prevent phone numbers and email addresses from being put into public remarks.

I am hoping this will all work, but at the same time I am keeping the following words of Laurie Janik, Chief Council of NAR just in case.

"For anyone involved in litigation such as this case, a defense exists under the Communications Decency Act of 1996 to protect those of you who merely publish content provided by others, as is the case with IDX feeds. We have never seen a case in which this Act has been applied to an IDX display, but the Act has been found by the courts to provide protection against fair housing claims brought against sites such as Craigslist and Roommate.com." Laurie Janik

Mar 21, 2013 10:46 PM

Pat Starnes-Front Gate...

Brandon, MS

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

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

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

Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional

Charles Rutenberg Realty - Clearwater, 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

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

Rod Pierson

Wilson Realty Inc - Redding, CA

Northern California - An Agent you can trust

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

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

Catherine Ulrey

Keller Williams Capital City - Salem, OR

Equestrian and Acreage Property Specialist

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

Dec 30, 2013 05:12 AM

Catherine Ulrey

Keller Williams Capital City - Salem, OR

Equestrian and Acreage Property Specialist

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

Dec 30, 2013 05:12 AM

Catherine Ulrey

Keller Williams Capital City - Salem, OR

Equestrian and Acreage Property Specialist

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

Dec 30, 2013 05:12 AM

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

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

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

Marie Story

Coldwell Banker - 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

Rod Pierson

Wilson Realty Inc - Redding, CA

Northern California - An Agent you can trust

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

Jane Peters

Home Jane Realty - Los Angeles, CA

Los Angeles real estate concierge services

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

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