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Laura,

If you took the pictures and wrote the text, then you are their "authors" for copyright purposes. Federal copyright law protects those original works the moment you create them. According to Craigslist's terms of use, you continue to own the copyrights after loading the text and photos on Craigslist. For anyone to copy them with knowledge of your copyright in them and of your objection to them being copied is willful infringement. If you were to take the appropriate legal steps, you would be able to sue the other firm for infringing your copyrights. You can let the other broker know this.

The Craigslist terms of use also provide a means for you to notify Craigslist of your copyright content is being infringed on the site. See the terms of use for details.

Last, it's possible that your state's license laws permit only the seller and a broker with whom she has a brokerage agreement to advertise the seller's property for lease or sale. If this is the case, and I do not know that with regard to your state, you should turn the other broker in for violating the law.

Self-help is your best bet at this point. It might cost $1000 or more to have an attorney perform the appropriate research and draft and send a cease and desist letter. But if the other broker persists after your warning, you may want to engage an attorney to vindicate your rights.

-Brian Larson, Atty at law

blarson@larsonlegal.com

612-424-8661 direct

Minneapolis

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RE:  Craig's List

If your listings are being advertised by another agent without your permission it is most likely a violation of Article 12 of the COE.  I was on a ethics panel some time ago for this very same thing.  Article 12 requires agents present a true picture in advertising.  I might think it's also possible Article 16 violation interference with the agency relationship.  As far as saying the rental was not available you may wish to consider Article 2 dealing with misrepsenation.  Since the broker sees nothing wrong with this you should file against them as well.  Check your local MLS rules as well as I'm sure there's some MLS violations here as well.

Hope this helpsl

Neal

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I would also think that in addition to Brian's suggestion that you look at this as a possible violoation of the code fo ethics. If so I would file with your local Board of Realtors.

Chris Carrillo

CRIS MLS

Chris.Carrillo@crismls.com

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This is not just an ethics violation but also a case of Internet fraud.  The US Postal Service handles such cases.   You might check their website or Google Internet  fraud to see how to file a complaint. 

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In many States rental advertisement must be accurate and updated or their is a violation for the broker and the agent. posting a rental ad and telling a renter that the listing has been rented when it has not been rented is a violation as is using another broker's listing to mis-represent. Might I suggest you research Florida's the Real Estate Commission regulations for rental agents and explain the requirement to the broker's who are using you listing to divert and mis-represent to  reters may get you cooperation.

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"If your listings are being advertised by another agent without your permission it is most likely a violation of Article 12 of the COE. I was on a ethics panel some time ago for this very same thing. Article 12 requires agents present a true picture in advertising. I might think it's also possible Article 16 violation interference with the agency relationship. As far as saying the rental was not available you may wish to consider Article 2 dealing with misrepresentation. Since the broker sees nothing wrong with this you should file against them as well. Check your local MLS rules as well as I'm sure there's some MLS violations here as well".

Unfortunately none of these Quotes from the MLS rules and regulations apply to Internet Advertising and selling.  Now you may want to ask me, how do I know that?  It's really very simple, read the rules and who they apply too.  Don't any of you realize that all listings that are imputed into the MLS are by DEFAULT opted into the WWW through IDX?  Now the Real Estate Board may come after Realtors who strip listings that are NOT Opted in to the MLS but I doubt they can enforce any rules and regulation violations to those who advertise "Opted IN" property listings regardless of membership.  Once that listing is disseminated  over the web it's fair game.  As for Non-Participants who are non members NOTHING CAN BE DONE TO STOP THEM.  Simply because they are not "Club Players".  Licensees that are not Club Players, better known as Non-participants ,are not obligated to comply with any MLS, Local, State or National Rules and Regulations regarding opted IN or Opted OUT property listings. The only rules non-particapants concern themselves with are the WWW RULES.  Unfortunately there are NO WWW RULES!  You don't believe me, ask any boneheaded ACLU Real Estate and Law Attorney.  Once your listings are Opted IN to the MLS they are immediately disbursed to the WWW to an approved vendors list of affiliates.  Once on the WWW anybody can use the listing as they see fit.  Why do you think NAR has so many Approved Vendors?  They are called Affiliates for a lack of a better and more legal term.  Now isn't that real nice?  It's all legal but is it ETHICAL?  It depends on how hungry you are.  Right?  People are always pushing the envelope, but eventually somebody will go over the line and then a precedent will be established under the law and everybody will learn just how powerful the WWW, IDX and NAR really are.  You know the old saying, "Stuff Happens"!

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Laura, I will be very curious to see how this is handled.  It just really makes me mad that there are realtors out there that will lie and cheat. I am new to Realtown Community Talk so I hope I will be able to find out more on how to stop this under-handedness

Connie Cooper

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Hi laura,

if  when u uploaded the listing u checked ok to advertise,  I am not sure if u have any recourse on this.  Check with your board to see what applies. 

Neressa

Remax In Motion

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You  need to file a complaint with the state. False or misleading advertising is illegal under Florida real estate rules.

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