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Realtor getting sued over MLS feed? Fair Housing Violation?

Reblogger Lyn Sims
Real Estate Agent

Well, all I can say is UNBELIEVABLE! Jeff Launiere in Florida has an IDX feed on his website & is now being sued for a fair housing violation when he is not the listing agent but for presenting the violation thru his IDX feed.

Thinking this through, you could say that any member of that MLS in FL that also has an IDX feed could present the same information (violation) to the public & could be sued.  But is that the case? Nope! Let's pick on one agent who didn't write the violation in the listing remarks but just electronically presented it.

Please pass this along and keep abreast of the changes that will be coming out of this.

Original content by Jeff Launiere

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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  Lyn Sims    Schaumburg IL Area    Northwest Chicago Suburbs  ●  (847)962-7104
 
 
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Jimmy Faulkner
Florida. Homes Realty & Mortgage - Wantagh, NY
The Best Of St. Augustine

there are too many lawyers out there that need to make a living. Government is out of control & just wants to destroy a country. If you do not believe this than you are nieve.

Mar 09, 2013 10:33 PM
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

So if that happened here,  mris and homesdatabase should be named as defendants in this lawsuit, along with all agents who provide a link to homesdatatebase for public to search listings. NAR should file a counter suit against Fair housing and the tester who initiated the suit. This has ' frivilous lawsuit" written all over it. "The company attorney feels it is best for me to settle for $5000.00". What a joke, hire your own attorney, and tell your company attorney to find something else to do for a living.

Mar 09, 2013 10:40 PM
Cindy Edwards
RE/MAX Checkmate - Johnson City, TN
CRS, GRI, PMN - Northeast Tennessee 423-677-6677

That is ridiculous.  The main point here that is unbelievable is that the person filing the lawsuit is PAID to find lawsuits.  That is her job!  The Realtor who wrote the listing is not even involved!!!  How crazy is this??? I agree with Jimmy above.

Mar 09, 2013 10:41 PM
Carol Zingone
Berkshire Hathaway Home Services Florida Network Realty - Jacksonville Beach, FL
Global Realtor in Jax Beach, FL - ABR, CRS, CIPS
Interesting; I'm on the local board, and as far as I know, we have never encountered this type of issue. I don't think you should be liable at all for listings that are not yours ( you have no way to correct them, in any case), but do agree the lawsuit should be expanded to include all parties contributing to the feed.
Mar 09, 2013 10:57 PM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Jimmy:  Yes, but there's not enough space to discuss that here. Since this is happening in your own backyard in FL, I would think you could add something on point?

Jeff:  Good point about the NAR counter suit.

Cindy:  I didn't realize there are people out their lurking around looking for this stuff but clearly this stinks. Especially when this is not even Jeff's listing.  As Carol says though, the lawsuit could be expanded.

Carol:  Well possibly you could look into this as it seems ridiculous but that doesn't mean it's not possible.

One thing I thought about as I was mulling this over - I thought that an over 55 community was protected against this type of 'discrimination'. With that said, possibly the listing agent should not have disclosed the 'no children under 16' directly in the MLS remarks.  Possibly a better strategy would have been for her to say 'Association restrictions apply'. Most agents know that over 55 communities have rules against 'guest' children's ages & how long they can stay for any length of time.

Mar 09, 2013 11:15 PM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

The sad part of Fair Housing is that ANYONE can sue for Fair Housing.  Doesn't have to be someone who didn't get a home as a result.  It can be a person reading an ad.  

The real estate agent needs to sue the actual listing agent.  Though I would like more information about the reules and regs in the HOA.  My gut is telling me that this might not actually be a violation if it is advertising an age restricted community, like those for 55+.   I know our 55+ communities don't allow those under 18 to live in the communities.

This whole thing just stinks.

Mar 10, 2013 03:31 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Featured in the group:  BARTENDER, MAKE IT A DOUBLE.


Mar 10, 2013 03:32 AM
Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer

This is one scary precendent and hopefully those of us that are able to self-police with a push of a button will start doing it more often!

Mar 10, 2013 05:22 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

I have such a disdain for lawyers . . . when you have a case you can't find help if the "damages" are not a gazillion dollars.  Then the slime balls do something like this to a fellow . . . Shakespeare was correct!

Mar 10, 2013 06:48 AM
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

This is another reason I am not a big fan of all our technology.  Technology is moving faster than we can keep up in the controls and rules.  

Time for us to take a step back and really look at how wide we promote these things.

Mar 10, 2013 07:02 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Renee:  Yes it is as it can happen to any of us very innocently.

Bill:  It's not our technology it's idiots that are interpreting the law & then suing someone that has no wrong doing. I'm all for technology, maybe the whole system prosecuting this is the problem. People that are hired to find this with a salary?

Carla:  As you've said before :-)

Chris Ann:  That's what I am thinking but possibly the listing agent should not have used the wording of the association as she did. Most over 55 communities have all these restrictions & they are not against fair housing laws. It's just the time & aggravation that Jeff has to spend defending his name. 

Mar 10, 2013 08:38 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Today's Update - Dismissed by NAR

Inman Article

Mar 12, 2013 11:09 PM
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

Was so glad to read the suit was dismissed, but not without a lot of angst and aggravation on the part of the agent involved.  This has outrageous injustice written all over it. 

Mar 13, 2013 12:13 AM
Lisa Von Domek
Lisa Von Domek Team - Dallas, TX
....Experience Isn't Expensive.... It's Priceless!

Hello Lyn,

Ridiculous and frivolous...judges should be allowed to fine those who bring such cases to their court(s)

Mar 27, 2013 10:41 PM