Realtor getting sued over IDX feed. Are you next?

By
Real Estate Agent with Future Home Realty
http://actvra.in/RQK

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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Re-Bloggged 15 times:

Re-Blogged By Re-Blogged At
  1. Lyn Sims 03/10/2013 06:22 AM
  2. Jill Sackler 03/10/2013 09:06 AM
  3. Cindy Westfall 03/10/2013 10:00 AM
  4. Marte Cliff 03/10/2013 11:25 AM
  5. Ed Silva 03/10/2013 12:22 PM
  6. Matthew Sturkie, CRS, GRI 909-969-3805 03/10/2013 12:33 PM
  7. Inna Ivchenko 03/10/2013 01:49 PM
  8. Pamela Seley, REALTOR® 03/10/2013 02:22 PM
  9. Lisa Lowe 03/11/2013 11:04 AM
  10. Karen Steed 03/11/2013 11:15 AM
  11. Jerri Schick 03/11/2013 11:57 AM
  12. Ute Ferdig 03/11/2013 12:07 PM
  13. Pat & Wayne Harriman 03/11/2013 12:09 PM
  14. Mark Brian 03/11/2013 01:04 PM
  15. Dianna 201-895-1768 03/12/2013 02:16 PM
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Topic:
Real Estate Best Practices
Location:
Florida
Tags:
fair housing laws
independent fair housing tester
lawsuit
mls
idx
real estate agent
realtor

Comments 315 New Comment

Anonymous
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Rainmaker
160,502
Jimmy Faulkner
The Best Of St. Augustine
Florida. Homes Realty & Mortgage

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.

December 30, 2013 06:57 PM
Rainer
109,373
Jane Chaulklin-Schott
TeamConnect Luxury Homes - Orlando, Florida, 32836
TEAMCONNECT REALTY - (407) 394-9766

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.

December 30, 2013 08:04 PM
Rainmaker
81,918
Andre R. Aragon
Real Estate Photographer
Greater Tampa Photo - Real Estate Photography

Happy New Year Jeff! I hope you have a great one in 2014!

December 31, 2013 05:29 AM
Rainmaker
238,599
Marie Story
Broker Associate, Pinecrest (Miami) Homes For Sale
Coldwell Banker Residential - Pinecrest (Miami)

The thought that there is a possibility that I might be responsible for what another agent does is very unsettling!

December 31, 2013 06:33 AM
Rainer
33,400
Rod Pierson
Northern California
Coldwell Banker C&C Properties

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..... 

December 31, 2013 03:43 PM
Anonymous
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Rainmaker
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Jeff Launiere

Jeff Launiere
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