Bonnie Vaughan's blog http://activerain.com/blogsview/1556073/realtor-blogger-sued-for-25-million about a Florida real estate blogger being sued for $25m makes me think that real estate bloggers should have real estate licenses.
In the "olden" days, no one could give listing information out to callers or office walk-ins UNLESS they were licensees. I started my real estate career as a receptionist in a brokerage office and I can remember that I could not provide the information ON THE FLYER THAT I HAD PUT TOGETHER, COPIED and MAILED TO AREA REAL ESTATE OFFICES.
Is it TIME that full time bloggers employed by brokerage firms are required to be licensed?
Wallace S. Gibson, CPM * GIBSON MANAGEMENT GROUP, Ltd.
Central Virginia
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Wallace,
That is a great question. However, the fellow being sued is/was a licensed realtor in FL. So being licensed does not necessarily protect one from these kinds of lawsuits.
I currently blog for myself. It is a great reminder that hiring an assistant, who is unlicensed, needs to have clarity on what role he/she may play. I am not currently considering hiring someone, but I will need to refresh myself on our state laws.
Thanks,
Cal
Licensing won't stop opinion, or dissension, in cyberspace. If somebody wants to criticize you they'll find a way; by clandestine, tech-savvy measures if necessary.
Of course they should be licensed. Also we all should carefully watch how this law suit plays out, and learn from his mistakes.
I blog about real estate ... as do inspectors, stagers, photographers, appraisers and any number of aligned professionals who serve the real estate market, yet are not licensed realtors. Our perspective is often valuable because we "see" facets of this business that escape the notice of realtors. Do you mean I shouldn't be able to blog because I'm not a licensed realtor? Really?
Wallace - an intrigueing question. However, I don't think so. Your question reminds me of a proposal made by a journalism professor at the University of Georgia, yes, that same UGA that is only a few minutes away from me here in Athens. This professor wanted anyone that discussed politics, such as radio talk show hosts, bloggers, commentators, etc. to undergo rigorous testing and licensing. If they didn't they would be subject to massive fines. Talk about an assault on free speech. Requiring anyone who blogs about real estate, or any other subject, to be licensed in that subject is just another assault on free speech.
This agent who was sued was a licensed agent. It is unfortunate that he upset the wrong people. Hopefully, he has the data to support his position. And some hot shot pro bono lawyer that will get him off the hook if he has that data.
Should website developers that put together real estate websites, including managing all the content and updates also be licensed agents?
Judith * NAR/Realtor is a trade organization - not a licensing body. Blogging about real estate staging * which wasn't even a profession 10 years ago * is different than blogging about the specifics of a property.
Wallace,
You lost me... I thought your premise was that unlicensed (untrained) agents blogging about properties were a danger to the brokerage and that you thought by licensing bloggers the brokerage would be "protected". My response is that many other professionals are given access to the property and (accordingly) could also put the broker at risk since their onlin property comments are causative effects ... ie they would not be familiar with the property if the broker/agent had not sponsored their access.
I DO blog about the specifics of a property (there are many examples on A/R) ... and include a linked floor plan with embedded photos and a multi-page room by room listing of amenities, I don't believe I should have to be "licensed" by (any) real estate entity to do this.
There is recourse through real estate recovery funds in case a suit/judgement is established against a licensee; however, there are many license violations that occur in blogging that may be the next step as state licensing departments look for venues of revenue enhancement
Ah... but Wallace ... its a sword that swings both ways. I'm thinking if bloggers were "licensed" that would pretty much box in the broker in a suit ... because now the "offending blogger" HAS been trained .. and trained under the auspices of the broker's own professional code of ethics/licensing. They won't very well be able to say that was a "rogue agent" spouting off on their own initiative, and the content and verbiage of the blog was unknown to them ... it could be pretty sticky for brokers I'm thinking.
This seems to have gotten alot of different opinions! I think it boils down to bloggers need to think before they type before they put themselves in a liable situation, free speech and all, if someone takes offense the law suite will follow! License or no license, we need to be mindfull of what we are saying.
That would be something for states to decide.
Is Tom with Real Estate Bloggers licensed in GA? He was one of the first I know he does not sell real estate.
Dustin Luther was not licesed when he developed Rain City Guide for his wife. I am not sure how much of the early blog she wrote as a real estate licensee in WA.
One of the big NYC RE blogs ... at least one of the big NYC blog... the blogger is not an RE agent.
That story about Lucas is so old, the case was dismissed. Lucas was very much licensed in the state of FL in 2007 when he wrote the post and still is.
Is there something about licensing that would make you a better real estate blogger?
Licensing would provide consumer accountability and require the blogger to have oversight from a broker in most states and the state licensing board. Bloggers should not be able to say anything with no recourse by the public or real estate industry
Wallace, A licensed Real Estate agent in most states violates confidentiality and fiduciary when they write or make verbal statements that are uncomplimentary to a sellers property. In both Va and Pa we work for the seller unless employed by the buyer.
A buyers agent may share their opinion whether good or bad with the client. They are exempt from Fiduciary with that client alone. In all other instances they work for the seller.
Should Real estate bloggers be licensed as bloggers? That's another thought. Perhaps we should have designations to denote we have been schooled in the do's and don'ts of real estate blogging.
Like the comment was said above be very very careful of what you put out here and if you do have the information to back your position up.
My question is * are their blogging duties and compensation putting them under real estate licensing rules now?