Realtor getting sued over IDX feed. Are you next?
This is a story that should concern all agents that utilize an IDX feed on their web site, which is probably 98%.
If a tester, or just anyone can go onto the site and pull up a listing that might be offensive to them, then the agent, their broker, and anyone else that a lawyer can conger up, would become defendants.
I know I will send this to my MLS to ask the question as to whom checks the listings presented and their content. I know that if I put up a listing that shows a sign, the photo is pulled and I get an email. What if the photos are changed a week after the listing is posted?
NAR needs to explain their criteria.
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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