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How Responsible Are Bloggers for What They Post?

As a Realtor® in Fort Lauderdale, Florida, my interest was piqued this morning when I read about a real estate agent in Miami, Florida being sued by a developer for $25 million because of a post on the agent’s blog.

After I just about choked on my coffee, I continued to read that basically the agent, while writing about the real estate market in Miami, wrote a less than favorable post about a developer who built a condominium in Miami. He wrote that the development company responsible for the (Condo Name) went bankrupt during the 1980’s and that future buyers should be wary of dealing with them.

This prompted the developer to file a lawsuit against the real estate agent and the real estate company the agent “was” associated with for defamation, because while they acknowledged that they had financial issues in the past, the company never “filed for bankruptcy” and the post negatively affected business. There is debate over semantics. The real estate company terminated association with the real estate agent shortly after the lawsuit. (Most real estate agents are independent contractors.)

Now, I don’t think it is news to anyone that the depressed real estate market in south Florida has impacted every Floridian. At the same time, the sluggish housing market nationwide continues to affect everyone.

For more in-depth coverage of this lawsuit, see this Miami Herald article and a CBS4 Miami video

What has me intrigued about all this is the unknown. How will this impact bloggers and blogging in general? How responsible are bloggers for what they post on their personal blog in terms of journalism, writing their opinions, and accuracy of information? What about the First Amendment to the Constitution, “Freedom of Speech”?

I do have a personal opinion about this lawsuit, about people who bring forth such lawsuits, and the need for Legal Reform; however, before I post it, I probably should consult with my attorney.

Your thoughts? ….

John Sabia

Ft Lauderdale Real Estate

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