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Be Informed Before You Post

By Missouri REALTORS posted 11-06-2017 10:00 AM

  

Friends using a laptop looking disappointed at the screen
The National Association of Realtors® (NAR) recently released a video discussing some of the legal risks associated with social media. Social media’s popularity is only increasing, and it’s important to be aware of the legal ramifications that can result from the wrong post. If you prefer reading to watching videos, we’ve summarized the advice that NAR gives below.

Don’t crowdsource legal advice

Asking for legal advice online is a surefire way to get into trouble. If you detail a certain legal situation with a client, competitors may figure out who you are referring to even if you don’t explicitly mention the client’s name. This is considered breached confidentiality, and puts the deal and your reputation at risk.

Another thing to be aware of is that legal practices vary state by state. If you post a Facebook status asking for advice, your friend from Illinois may give you information that is correct across the state line, but is inaccurate in Missouri. This confusion can lead to misapplication of the law, and the best way to avoid it is to contact Legal Line* instead of turning to the internet.

Promotional activities require transparency

To protect consumers from unfair commercial practices, the Federal Trade Commission (FDC) requires those who are being compensated for an endorsement to write a disclaimer. If you are being paid or gifted to write a glowing review of a company, be sure to write a quick disclaimer to protect yourself from the FDC.

Understand antitrust basics

Antitrust laws prohibit group boycotts. If you have experienced unethical business practices while working with a company or individual, it may seem relatively harmless to post about it on a local REALTOR® Facebook page and encourage others not to work with that company or individual. However, this is classified as a group boycott, and can get you into hot water. Instead of discussing unethical business practices on social media, call Legal Line*.

Price fixing is also banned by antitrust laws. It may be tempting to speak out about implementing a flat commission for all REALTORS®, but this would be classified as price fixing among competitors. Instead, set your own prices and let the market handle the rest.

Avoid defamation

Defamation is defined as making a false statement about someone to someone else. This is easy to do on social media, even if you don’t mean to. For example, if there is a specific community member who is rumored to steal from open houses, posting a warning on Facebook can be defaming. Instead, call the police, and if you still feel it is necessary to share the information with others, work with the authorities to frame the message correctly.

 

For more information, be sure to watch NAR’s video. What is the biggest legal issue you are seeing arise on social media? Share in the comments below.



*Missouri REALTORS® can call Legal Line at 573-447-5278 to seek free legal advice. Legal Line is available Monday - Friday, 9 a.m. - Noon and 1- 4 p.m. CST.

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