Author Archives: Dustin Luther

About Dustin Luther

Founder and original blogger on Rain City Guide, Dustin has since started #InterestedIn Marketing where his team provides content and social media services that helps industry experts earn recognition as thought leaders. You can find me on Twitter (@tyr) and LinkedIn (/DustinLuther)

Website Owners Not Liable for Comments

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Considering this issue comes up every time Russ and I speak in front of an audience (including yesterday), I thought it would be interesting to share that the courts have been consistently ruling that blog owners are not legally responsible for the comments on their site, even if they moderate…

It happens all too often that some website owner in the US is sued with claims of libel over comments on that site in an open forum. We usually point to Section 230 of the Communications Decency Act, and note that it’s pretty clear that service providers of such forums are not liable for content they didn’t write themselves. We also like to point to a 9th Circuit ruling, noting that, even when such comments are moderated or approved, the site owner or moderator isn’t responsible. While the Supreme Court later refused to hear an appeal on the case, meaning the ruling really still only covers the 9th Circuit, the ruling is so reasonable, you’d have to hope other courts would agree with the logic. It appears some already are. Tech Law Advisor points us to a few different sources covering a District Court ruling (outside of the 9th Circuit) that comes to similar conclusions (even if the article is improperly headlined). The case involves the somewhat infamous TuckerMax forums, which are known for being a bit on the… free wheeling side of things. Apparently, a bunch of anonymous commenters there were upset about a party thrown by some publicist, and posted some relatively mean comments about him in the forums. The publicist then sued Tucker Max, claiming that he was liable for the comments, even though it was clear they weren’t made by him. The actual court ruling (warning: pdf) is an enjoyable read, as the judge clearly explains why he’s throwing out the case. He even cites the ridiculous number of censors China employs to filter the internet to explain why it’s not reasonable to expect internet site owners to police their forums more carefully — even as he notes that Tucker Max clearly admits to moderating comments on his site. The ruling also refers back to an older ruling pointing out the importance of protecting free speech, even when vulgar. It’s another reasonable ruling concerning these issues. Hopefully, once enough of these pile up, most lawyers will know better than to file such lawsuits.

Rent back a recently sold home or wait to sell?

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A reader asked me this great question today, and I simply don’t know the answer. Can anyone give him some advice?

As a buyer of new construction, we recently found out that the builder wasn’t going to make our late July completion date. Instead the builder estimated a mid-September completion. Ugh, we have a child who will start school in a new school district, so this will cause a hassle.

Anyways, we were planning on listing this week (with an open house on the weekend hosted by our agent) but because of the delay in construction I’m at a loss of what to do. Here are my thoughts on the numerous statistics and opinion I’ve found so far:

  • Spring, especially during the last weeks of school is generally one of the best times to list a home
  • Listing a home later in summer can increase Days on the Market slightly, but sales price is often unaffected
  • Due to the region having great job growth and numerous relocations, the school calendar, has a lesser effect on home sales than other regions.

BTW, we are selling a condo in the Klahanie – Issaquah area. So, long-winded way of asking… Do I:

  • List in mid-late June and get a high volume of traffic but have a request that we pay rent through mid-September (roughly 45 days+ if the condo sale closed near end of July)?
  • List in mid-late July hoping to close in late August, thereby having to pay rent to stay only an extra two weeks?
  • Do something else?

Marketing my Home on the Internet

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While my opinion that a good real estate blogger does not include their listings on their blog is well documented and much debated, there is always room for an exception… and marketing my OWN home is one of those!

[photopress:kids_at_easter.JPG,thumb,alignright]Essentially, we have about two weeks left before we put it on the market. We’re just waiting for the movers to take our stuff and then, after we refinish the wooden floors on the main floor, we’ll be ready to list!

So, here are the internet marketing items I have on my checklist (of course, we’ll do some off-line stuff like putting together fliers, but I’m more interested in exploring the online stuff!)

  • Add Our Home to the Free Directories. Craigslist and Google Base come to mind. Are there others I should consider?
  • Blog About Our Neighbors. I know that there is very limited things that a real estate agent can say about the family-friendly nature of a neighborhood, but not having a license gives me the freedom to talk in great detail about are wonderful neighbors. Things I’d like to mention are all the kids that live nearby (8 kids within a few houses!), our regular Sunday BBQs during the summer and our weekly game nights during the Winter. (And I’m sure the neighbors would love it if the new owners continued our tradition of hosting the annual neighborhood easter egg hunt!!!). When moving to a new home, one of the biggest mysteries is what are the neighbors going to be like and because the people on our street are so cool, I’d like to put together an extensive neighborhood blog post! (Honestly, the hardest part of accepting a position in LA was leaving the neighborhood!)

    • [photopress:start_easter_hunt.JPG,thumb,alignright]

  • Financing Options. Interestingly, I’m in a place where I could offer the “right” people some innovative financing options… Like a lease-to-own, or something similar (as long as it is a win-win for both parties, I’m game for any idea!). Does something like this normally happen through the usual MLS channels or is there a special market for these types of properties? (Hint: if you contact me before we list, we might even be able to cut out some obvious fees.)
  • Blog About Our House. I promise not to overdo this, but I think one blog post about all the cool features of our home that might be too “personal” for the typical MLS listing would be appropriate on Rain City Guide. I’m thinking of things like the tree house I built in the backyard and the original art deco fixtures… I’d also like to add a map of all the recently sold homes (or maybe I’ll be lazy and just link to the appropriate ShackPrices page!)
  • Unique Icon. Robbie says he’ll give our home a unique icon on the maps of listed properties… Any ideas for what the icon should look like?
  • Enhance listing on Realtor.com. Around Move, people are shocked at how often real estate agents pay to get showcase listings and then don’t spruce up their listings by adding additional photos and other extras. Considering that Anna’s broker already pays for this service, I’ll make sure we spruce up our home!

    • [photopress:eggs.JPG,thumb,alignright]

  • Get on the Redfin Blog. If I provide a direct link from my blog to my listing on Redfin (and beg people to click on the link!) maybe I can blow out their single home stats for a day and thereby get a mention in their blog!!! (hmmm…. Is there a way to get on the Zillowblog?)
  • Newspaper Coverage? Is someone at the Seattle Times, Seattle PI, Seattle Magazine and/or any other local newspaper interested in writing a story about preparing and then selling a 1920’s Crown Hill (N. Ballard) home? We’ve got lots of great photos and I could probably write most of the story for you! 🙂
    (This reminds me… I did an interview for a real estate technology story that was suppose to be in the May issue of the Seattle Magazine. I never saw or heard anything about that story… Did this story ever go live? )
  • Picture Cloud. These guys just sent me a link for a free photo cloud. Interesting technology and easy enough to put together, so I think I’ll try them out with our home. (By the way, their branded option is free, but if you type the code “raincity”, they they will give you credit for five unbranded clouds for a penny.) If you try them out before I post my cloud, let me know what you think!

Any other ideas as I prepare the marketing plan for our home? Has anyone ever had any luck marketing a home on the internet? What did you do?

Seattle Real Estate Calendar Update

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Thanks to Tom of Trumba, I’ve been playing around with Trumba‘s calendar solutions. They are definitely doing some interesting things and there are some benefits to their solution that go above and beyond the current offerings of Google Calendar I discussed a little while back. In particular, I really like two features they’ve added to the NYTime’s Automotive Calendar that I think could easily be ported to the Seattle real estate scene.

  • Feature 1: Submit an Event allows for any user to add an event
  • Feature 2: Add This Calendar to Your Site gives some simple javascript so that anyone can add the calendar to their site.

There are two types of calendars that can easily be added to another site. One is a preview calendar shown on my sidepanel (below the comments!) and the other is a “full” calendar shown below.

I really like the distributed collaboration and if anyone wants to add this calendar to their real estate site, it is as simple as copy-and-pasting some code… If you are interested, email me and I’ll send you the code!

By the way, the current calendars on this site do not have the “add an event” feature, but Tom assures me that it will be available in a few weeks! Until then, feel free to email me with your real estate event if you’d like me to add it to the calendar!

One more thing!!! The TechCrunch event looks to be a lot of fun and is coming up this next Wednesday!!!

Real Estate Tech Talk

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Back at MindCamp, Stewart Maxwell of Seattle Real Estate Talk recorded a podcast featuring me and Galen Ward discussing our ideas behind real estate technology.

While you’re on Seattle Real Estate Talk, check out their new layout. It’s very tight and I love the updated header graphic!

UPDATE
I just noticed that Galen wrote a little something about this podcast on the ShackPrices blog.

Getting Stylish

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[photopress:Seattle_Real_Estate_Guide_3_20_2005_11_44_34_AM.jpg,thumb,alignright]Merv makes some great points about the importance of style in blogging. (He hits the nail on the head when he says Curbed “makes me dizzy…”).

Here are some tips I would add to the discussion:

  1. KISS: Keep it simple, …
  2. Graphics/photos are great, but don’t let them overpower the conversation.
  3. Don’t start from scratch. Evey blogging platform has themes you can download and install for free. Here’s a great theme browser for wordpress with hundreds of (free) downloadable themes. Start with one of these themes and edit it until it matches your personality.
  4. All blogging platforms separate “style” from “content”. In practice this means that all of the posts and comments are stored in a database, while the way the posts “look” is stored in a simple text file (In WordPress this file is called “style.css”). An amazing amount of personalization can be done by editing this one file. If you get to this level, you might be surprised how quickly you can “own” the look of your blog!

However, at the end of the day, don’t lose sight of the fact that substance is what keeps readers coming back for more! In other words, I continue to visit the Property Grunt on a daily basis despite the fact that he has never modified his theme. Content counts more than style!

There’s a Person Behind that Blog

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Robert Scoble (the excellent Microsoft blogger) has been writing about the pain of watching his mother die.

One of the things that shocked him was that even while he’s describing these events, people are still sending him PR pitches for new products. He follows up these comments by saying he doesn’t mind receiving product pitches, however, the people need to read his blog and be current on his situation if they expect a response.

He’s making some interesting points that are very relevant to real estate blogging… Always remember that there are people behind the blogs. Real estate is such a “people” business, and yet, when people get on the internet they sometimes act like they are only dealing with computers.

Before you pitch a product, website or service (either via comments or email) remember that it is not a computer reading your pitch but a human being. Write something that demonstrates you’re interested in the person’s writing.

Personally, I receive so many emails now that I couldn’t possibly respond to them all and still handle a full-time job. However, getting me (and just about every blogger I know) to respond is quite easy… Write something that shows your interested in their thoughts or opinions!