Posted on 08/31/2012 11:05:04 AM PDT by WilliamIII
LINCOLN, Neb. -- The owner of a property-listing website based in California is suing Nebraska to dispute a state requirement that she obtain a license to market homes in the Midwestern state.
Leslie Young filed her federal lawsuit Thursday in Lincoln, seeking a permanent injunction to stop Nebraska from enforcing the law, which she says violates her First Amendment rights, the Lincoln Journal Star ( http://bit.ly/Pu0WWf) reported.
Her Elist.me website features advertisements for properties listed on ForSaleByOwner.com. Young says in the lawsuit that she is merely publishing information about the listings and doesn't get a commission if a home sells and that she doesn't provide other services to homeowners.
"The state of Nebraska is foreclosing on First Amendment rights by imposing burdensome licensing requirements on Leslie Young's online home-sale ad business," Timothy Sandefur, principal attorney with the Pacific Legal Foundation, said in a news release.
http://www.sacbee.com/2012/08/31/4775489/californian-sues-nebraska-over.html
(Excerpt) Read more at sacbee.com ...
—Her Elist.me website features advertisements for properties listed on ForSaleByOwner.com. Young says in the lawsuit that she is merely publishing information about the listings and doesn’t get a commission if a home sells and that she doesn’t provide other services to homeowners. —
Sounds like she has a good case.
She self-identifies as a “broker.” The First Amendment does not provide freedom from consequences. If she doesn’t want to be treated as a broker, don’t call herself one.
I agree. She's not in any way acting as a Realtor or advising representative of any kind. What she's doing is no more than running a real estate-centric version of the Thrifty Nickel.
The Supremes just ruled on ObamaCare that it doesn't matter what you call things. It can be a tax even if you say it's not a tax. I would assume that she is not legally a broker even though she calls herself a broker. If she's not taking a commission, she's merely using the word "broker" as a convenience for the customers so they will find her as person who can list their home as for sale.
Nope, not a good case. The blue-sky laws as I think they are called. Nebraska has a responsibility to protect their citizens and insist that people who make representations be licensed under their State Laws or Another State’s law in which they have reciprocity.
I used to be a real estate agent. We called this violating people’s first amendment rights by forcing them to be licensed and then applying rules (unable to say a house is near a church, for example).
All she is doing is listing what is available. She is exercising her right to free speech. She is not representing anything.
Well - I’m totally torn - I’m CA born/bred - but entire family hales from Lincoln! Folks both graduated from Lincoln HS!
I’m not sure she has a case - I think she is trying to have cake and eat it too.
Time will tell.
At first I read it as “California sues Nebraska,” which would have been interesting, because suits between the States go directly to the Supreme Court, as the Supreme Court has, under our Constitution, “original jurisdiction.” Theoretically, the Supreme Court could hold an actual trial and take testimony, but - having now become an expert on the matter after 5 minutes of Googling - what the Supreme Court actually does is appoint a Special Master to sort through the facts, and then issues an opinion on the legal issue(s) in the case.
Sez this guy, anyway:
http://oddclauses.wordpress.com/2011/11/29/original-jurisdiction-standings/
she is probably being paid a subscriber service fee.
Great! I’d like to sue California for the California Auto Emissions Standards!
That is exactly what happens. There was a long running case between Colorado and Kansas over water rights in the Arkansas River.
That is exactly what happens. There was a long running case between Colorado and Kansas over water rights in the Arkansas River.
Can she sell across state lines?
She doesn't seem to be involved in the selling process at all.
Her website just makes the listings of others available for viewing. All of the selling/buying activities are done between the people listing the property and those looking to buy them.
So, it sounds like she is an independent MLS-like service?
Who happens to be a broker?
Good Lord!
What does this do to Craig’s List & E-Bay??????
As far as I can tell, yes.
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