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Realtor getting sued over IDX feed. Are you next?

Reblogger Jill Sackler
Real Estate Agent with Charles Rutenberg Realty Inc. 516-575-7500 NRDS ID#641625055

Realtor No Longer Getting Sued Over IDX

3/12/13  Breaking News! Suit dismissed! Oh, the power of social media!

 

You need to watch this video and read this post. You're not going to believe what this innocent real estate agent in Florida is battling right now. It appears that you can barely make a move in this extremely litigious society in which we live.

For those who don't know, an IDX feed is offered as a convenience to consumers on the real estate agent's website. Listings are fed to the website from the local Multiple Listing Service. Agents are charged a monthly fee by their MLS in order to offer this service. These thousands of listings available do not personally belong to any given real estate agent, although a few may.

This suit is highly unfair and a great reason to rethink this IDX convenience.

 

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.

Posted by

Jill Sackler

 

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ABOUT THE AUTHOR: Graduate REALTOR Institute 

Jill Sackler, NYS Real Estate Broker Associate based on Long Island's South Shore
 
 

Sunny Isles, Fl 

       Specializing in Lifecycle Real Estate 

"When your family doesn't fit your family home, I can help."
 
 
 
 
 
   

   

©Jill Sackler 2010
 

 

Comments(7)

David Grbich
Realty One Group - www.FindCARealEstate.com - San Juan Capistrano, CA
Orange County Real Estate - 949-500-0484

Lawyers will sue anyone regardless of who is at fault - I am sure there are hundreds of other agents in this market with IDX showing the same listing. Will have a closer look at my disclaimer on my website to make sure it offers added protection. Regards Dave

Mar 10, 2013 01:17 AM
Edward & Celia Maddox
The Celtic Connection Realty - Queen Creek, AZ
EXPERIENCE & INTEGRITY - WE TAKE THE HIGH ROAD

David is right, a lawyer will sue anyone if they think there is a buck in the deal.

Mar 10, 2013 01:40 AM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Jill, this is really incredible stuff. It just goes against all common logic when the agent in question has proof that he is NOT the listing agent. Seems like you'd have to sue EVERY agent that had this showing up on their IDX feed to be "fair". It's also amazing that the ACTUAL listing agent that put this data in wasn't even named or sued. Just incredible.

Mar 10, 2013 01:47 AM
Gary Woltal
Keller Williams Realty - Flower Mound, TX
Assoc. Broker Realtor SFR Dallas Ft. Worth

I don't know how the defendant that did not have anything to do with this property IS THE DEFENDANT. This sounds like a frivilous law suit. Suing the WRONG people. Lawyers wasting everyone's time.

Mar 10, 2013 01:52 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Jill - while it is understandable that agents are on their toes, it is not quite the way the video depicts. The purpose of Federal Statutes is not finding the culprit, but rather establishing the environment, where you would do everything possible not to violate the law, so this is the reason it is so harsh.

When people find violation on my site, the Feds can't care less who is the original culprit. It is my site, so I am responsible for what people can find on my site, period.

Suggestions where they should go and who sheould they sue are childish. And, by the way, the beauty of Federal Statutes is that you do not need to hae a victim. It is a Federal Statute, so if you can find a violation, you can sue. Anybody can sue.

There are attorneys specializing on going around and finding violations of Federal Statutes and suing people and companies around and getting paid for that because contrary to the belief of so many agents it is the intent of Federal Government, which doing it this way gets the law upheld with minimum expense. Greedy lawyers would do it for them.

The precedent would set some motions, and the solution would be found, biut it would not be any leeway towards agents. It would be better screening of listings, better training of MLSs, but not the exhoneration of agents using IDX.

It would still be that if we use anything on our site, we are responsible for it. Would MLS hire their own testers to check every listing?

Possibly.

Mar 10, 2013 03:02 AM
Jill Sackler
Charles Rutenberg Realty Inc. 516-575-7500 - Long Beach, NY
LI South Shore Real Estate - Broker Associate

Hi Dave - I'm positive you're right.

Edward & Celia - I find it really upsetting. There doesn't seem to be any justice.

Cindy - If they were at all interested in fairness, that's exactly what would have to happen - sue every agent with this listing coming through their IDX.

Gary - Frivolous, definitely, but I bet it's still going to cost him.

Jon - Childish, perhaps, but for this exact reason, I no longer want IDX on the new website I'm currently building. MLS would do well to check what goes out to their agents.

Mar 10, 2013 06:59 AM
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

You always have to be wary, not lead your day to day life with rock, paper, scissor thinking, decision making. Tying up the legal system.

Mar 10, 2013 09:41 AM