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	<title>Comments on: Free Speech? Miami Realtor/Blogger sued by developer for $25Million</title>
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	<link>http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/</link>
	<description>Seattle&#039;s Leading Resource for Real Estate Information</description>
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		<title>By: Linda</title>
		<link>http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-297184</link>
		<dc:creator>Linda</dc:creator>
		<pubDate>Tue, 01 Apr 2008 23:24:31 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-297184</guid>
		<description>Interesting.

IMHO I was (very definitely, IMHO) conned by a realtor in Bangor, Maine...well...he and I both know what he did. But I guess I have to preface everything with IMHO or &quot;alleged&quot;.

For the record, I took it up with an NAR&quot;s &quot;Ethics&quot; committee who put a gag order on ME, but then illegally forwarded every one of my private emails that I wrote to them---to the accused realtors.

Except, the accused were too computer illiterate to figure out that the emails were only forwarded by the phony &quot;ethics&quot; committee. So they tried to sue ME for harrassment.

(Ayuh....)

But that&#039;s Bangor, Maine. Not much of a gene pool up there, I guess. 

Anyhow, the realtor is now running for office, so now he IS a public figure.</description>
		<content:encoded><![CDATA[<p>Interesting.</p>
<p>IMHO I was (very definitely, IMHO) conned by a realtor in Bangor, Maine&#8230;well&#8230;he and I both know what he did. But I guess I have to preface everything with IMHO or &#8220;alleged&#8221;.</p>
<p>For the record, I took it up with an NAR&#8221;s &#8220;Ethics&#8221; committee who put a gag order on ME, but then illegally forwarded every one of my private emails that I wrote to them&#8212;to the accused realtors.</p>
<p>Except, the accused were too computer illiterate to figure out that the emails were only forwarded by the phony &#8220;ethics&#8221; committee. So they tried to sue ME for harrassment.</p>
<p>(Ayuh&#8230;.)</p>
<p>But that&#8217;s Bangor, Maine. Not much of a gene pool up there, I guess. </p>
<p>Anyhow, the realtor is now running for office, so now he IS a public figure.</p>
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		<title>By: Jim Reppond</title>
		<link>http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-255952</link>
		<dc:creator>Jim Reppond</dc:creator>
		<pubDate>Mon, 04 Feb 2008 14:14:02 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-255952</guid>
		<description>Saw a local Miami TV station do a feature on this where they interview both parties to the suit. It&#039;s definitely a blogger&#039;s worse nightmare.

http://tinyurl.com/34h298</description>
		<content:encoded><![CDATA[<p>Saw a local Miami TV station do a feature on this where they interview both parties to the suit. It&#8217;s definitely a blogger&#8217;s worse nightmare.</p>
<p><a href="http://tinyurl.com/34h298" rel="nofollow">http://tinyurl.com/34h298</a></p>
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		<title>By: ARDELL</title>
		<link>http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-253302</link>
		<dc:creator>ARDELL</dc:creator>
		<pubDate>Thu, 31 Jan 2008 17:12:19 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-253302</guid>
		<description>P.S.  When Transaction Brokers had an opinion, it created what they call &quot;the walk like a duck&quot; trials.  So the penalty is simply being held to the higher standard of agent vs. Transaction Broker, not a life sentence :)</description>
		<content:encoded><![CDATA[<p>P.S.  When Transaction Brokers had an opinion, it created what they call &#8220;the walk like a duck&#8221; trials.  So the penalty is simply being held to the higher standard of agent vs. Transaction Broker, not a life sentence <img src='http://raincityguide.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
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		<title>By: ARDELL</title>
		<link>http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-253300</link>
		<dc:creator>ARDELL</dc:creator>
		<pubDate>Thu, 31 Jan 2008 17:10:53 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-253300</guid>
		<description>Jim Bob,

That&#039;s part of the bigger problem.  I think I&#039;ll write a post about Brokers and Agents and what happens if one agent says &quot;bad property&quot; at the same time another is talking a buyer into buying it.  Here we have Designated Agency (Florida does not) which helps a little.  In WA, the agent vs. the brokerage represents the client to some degree and they can have competing influences.  Not so for many States.

Florida is one of the few states that has totally outlawed Dual Agency about ten years ago.  Which means they are not supposed to HAVE an opinion at all when acting in TB capacity.  So hard to not have an opinion when you&#039;ve already posted that opinion on a blog. 

Agency is a tricky business and I don&#039;t talk about it much because it makes people&#039;s heads hurt.  But the real answer is Lucas when acting as a TB in Florida is not &quot;allowed&quot; to have an opinion under Agency Laws there.</description>
		<content:encoded><![CDATA[<p>Jim Bob,</p>
<p>That&#8217;s part of the bigger problem.  I think I&#8217;ll write a post about Brokers and Agents and what happens if one agent says &#8220;bad property&#8221; at the same time another is talking a buyer into buying it.  Here we have Designated Agency (Florida does not) which helps a little.  In WA, the agent vs. the brokerage represents the client to some degree and they can have competing influences.  Not so for many States.</p>
<p>Florida is one of the few states that has totally outlawed Dual Agency about ten years ago.  Which means they are not supposed to HAVE an opinion at all when acting in TB capacity.  So hard to not have an opinion when you&#8217;ve already posted that opinion on a blog. </p>
<p>Agency is a tricky business and I don&#8217;t talk about it much because it makes people&#8217;s heads hurt.  But the real answer is Lucas when acting as a TB in Florida is not &#8220;allowed&#8221; to have an opinion under Agency Laws there.</p>
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		<title>By: Kary L. Krismer</title>
		<link>http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-253251</link>
		<dc:creator>Kary L. Krismer</dc:creator>
		<pubDate>Thu, 31 Jan 2008 16:40:07 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-253251</guid>
		<description>Yes, among other complaints.</description>
		<content:encoded><![CDATA[<p>Yes, among other complaints.</p>
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		<title>By: ARDELL</title>
		<link>http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-253244</link>
		<dc:creator>ARDELL</dc:creator>
		<pubDate>Thu, 31 Jan 2008 16:30:52 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-253244</guid>
		<description>Kary,

Girard College is a grossly misunderstood case.  You should read the final ruling on that one.  The Judge hung his hat on the publicity of the case causing the private institution to become a public place like a park or restaurant.  When the case itself causes the shift from private to public, you know they are looking to sway in one direction, without setting a future precedent.

I do agree that Lucas should have left himself a little leg room by saying &quot;didn&#039;t X go bankrupt back in the 80s?&quot;  Kind of leaving the door open to the possibility that things went bad, but not to full bankruptcy status.  

Didn&#039;t Trump have this same complaint against Rosie O&#039;Donnell?</description>
		<content:encoded><![CDATA[<p>Kary,</p>
<p>Girard College is a grossly misunderstood case.  You should read the final ruling on that one.  The Judge hung his hat on the publicity of the case causing the private institution to become a public place like a park or restaurant.  When the case itself causes the shift from private to public, you know they are looking to sway in one direction, without setting a future precedent.</p>
<p>I do agree that Lucas should have left himself a little leg room by saying &#8220;didn&#8217;t X go bankrupt back in the 80s?&#8221;  Kind of leaving the door open to the possibility that things went bad, but not to full bankruptcy status.  </p>
<p>Didn&#8217;t Trump have this same complaint against Rosie O&#8217;Donnell?</p>
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		<title>By: Jim Bob</title>
		<link>http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-253199</link>
		<dc:creator>Jim Bob</dc:creator>
		<pubDate>Thu, 31 Jan 2008 15:00:17 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-253199</guid>
		<description>I can&#039;t help but wonder how this guy&#039;s fellow agents feel about selling that developer&#039;s units after he has sued one of their fellow agents?</description>
		<content:encoded><![CDATA[<p>I can&#8217;t help but wonder how this guy&#8217;s fellow agents feel about selling that developer&#8217;s units after he has sued one of their fellow agents?</p>
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		<title>By: Kary L. Krismer</title>
		<link>http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-252556</link>
		<dc:creator>Kary L. Krismer</dc:creator>
		<pubDate>Wed, 30 Jan 2008 14:54:27 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-252556</guid>
		<description>Well politicians, actors and such have been held to be public figures, and thus supposed to have a tougher skin for these sorts of things.  So it&#039;s basically harder for them to prove a case.  I was familiar with that, but not this &quot;limited public figure&quot; idea.  Perhaps it didn&#039;t exist when I went to law school.  

I remember years ago an attorney older than me looked at me blankly when I mentioned Roe v. Wade.  Attorneys don&#039;t tend to keep up on the cases outside their area of practice.</description>
		<content:encoded><![CDATA[<p>Well politicians, actors and such have been held to be public figures, and thus supposed to have a tougher skin for these sorts of things.  So it&#8217;s basically harder for them to prove a case.  I was familiar with that, but not this &#8220;limited public figure&#8221; idea.  Perhaps it didn&#8217;t exist when I went to law school.  </p>
<p>I remember years ago an attorney older than me looked at me blankly when I mentioned Roe v. Wade.  Attorneys don&#8217;t tend to keep up on the cases outside their area of practice.</p>
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		<title>By: ARDELL</title>
		<link>http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-252395</link>
		<dc:creator>ARDELL</dc:creator>
		<pubDate>Wed, 30 Jan 2008 07:20:57 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-252395</guid>
		<description>Kary,

There&#039;s a very famous case where the ruling was decided based on the publicity of the case itself conveying &quot;a public character&quot; to the private defendent.  Apparently &quot;public&quot; entities and people don&#039;t enjoy the same rights as private citizens.</description>
		<content:encoded><![CDATA[<p>Kary,</p>
<p>There&#8217;s a very famous case where the ruling was decided based on the publicity of the case itself conveying &#8220;a public character&#8221; to the private defendent.  Apparently &#8220;public&#8221; entities and people don&#8217;t enjoy the same rights as private citizens.</p>
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		<title>By: Goldeneye977</title>
		<link>http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-252384</link>
		<dc:creator>Goldeneye977</dc:creator>
		<pubDate>Wed, 30 Jan 2008 06:45:00 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/2008/01/29/free-speech-miami-realtorblogger-sued-by-developer-for-25million/#comment-252384</guid>
		<description>BTW:, Tim, I think this thread is meant to scare people like you, who blog about bubbles, to stop doing it :). I would say these are scare tactics from people who don&#039;t want housing to go down and who don&#039;t want the general public to know bad things about housing, lest they panic and all hell breaks loose here.</description>
		<content:encoded><![CDATA[<p>BTW:, Tim, I think this thread is meant to scare people like you, who blog about bubbles, to stop doing it <img src='http://raincityguide.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> . I would say these are scare tactics from people who don&#8217;t want housing to go down and who don&#8217;t want the general public to know bad things about housing, lest they panic and all hell breaks loose here.</p>
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