Archive for the 'Legal' Category



2007 NAR Code of Ethics Prohibits Deceptive Meta Tags

NAR’s Code of Ethics has new changes effective 1/1/07. Here is one to Article 12 we found interesting:.

So, if Zillow was a NAR member it would have to remove this meta tag:

For more Code changes visit Monika McGillicuddy Presents…Real World Real Estate. (link here)
For those who think meta tags are SEO bunk read Revenge […]

Zillow vs Consumers: The Search for Truth in a Sea of Madness

Truth Unveiled by Time (Bernini, 1645-52)
It is the duty of the entire real estate community…to guard consumers from hoaxers, con-men and frauds….If we are silent when confronted with the public’s gullibility toward the Zillow.com fraud, we are complicit in that harm. (Greg Swann, from Tell the world: Zillow.com is bunk)
Preface: We are advocates […]

The Truth Is: Zillow Has A Right To Exist

It’s all about “informed” choice. Whether you agree with the scope of consumer protection or not, the underpinning of the law is that consumers should make informed choices. To that end, companies are made to post prominent disclaimers and disclosures. Some are dumb, of course, but we think the nature of the harm […]

Zoophole: Only Humans Have To Post Conspicuous Non-Appraisal Disclaimers

Note: This post was written in September but never published. We decided to post it because of a piece of Greg “gospel” we found in it. (it’s at the end).
One reason we think Zillow should post a conspicuous disclaimer on its Home Page is because real estate brokers providing a CMA are legally required […]

Starbucks Loses Trademark Case

Starpreya, a small coffee vendor in South Korea is not infringing the Starbucks trademark, a Korean court decided. Starpreya is named after the European god Preya while Starbucks is named after a character in Moby Dick. {Note: I could not locate any reference to a god Preya. In India it means “what is pleasant […]

Hotels.com is Generic Term Rules Trademark Appeals Board

Remember the scare blogger Real Estate 2.x {x+0} f/k/a Real Estate 2.0 got from Redfin’s Cease & Desist Letter? I’m no fortune teller, but if the recent Trademark Trial & Appeal Board (TTB) decision against the Hotels.com trademark application (Serial No. 76414272) is any indication, the term “real estate” will be deemed “generic” and […]

How to Lose Your Domain Name

Your domain name can be taken from you by the Trademark owner who has registered a similar name with the United States Patent & Trademark Office (USPTO). You will lose the right to your domain name and may be liable for substantial money damages. Regardless of the method, you lose the valuable asset […]

Seeing Redfin, As A Buyer

We’ve read all the hubbub about Redfin. What to believe? Well, my former law partner, now a best selling author, always went to the original sources before sitting down to write. So we did the same. We went to Redfin and looked around. We looked under the hood (Terms of Use) […]

Blog Commentor Sued For Libel

Freedom of Speech (N. Rockwell)
A defamation lawsuit has been filed over comments made on ShoeMoney blog. The owner of the blog, Jeremy Schoemaker, will be questioned (deposed) and his logs subpoened. He is not being sued.
In a June case we reported on James Poling of BlogNYC (now metadish) being sued by a former […]

The Secret Of Real Estate Contract Escape Clauses

Here are real estate contract escape (contingency) clauses buyers and sellers need to know. For sellers who must close on their home in order to buy a new one, it is imperative to understand how these clauses work before signing a sales contract. The ability to negotiate these is dependent on, among other things, […]