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Californian sues Nebraska over real estate law
Sacramento Bee/Associated Press ^ | August 31, 2012 | Associated Press

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 ...


TOPICS: Business/Economy; US: California; US: Nebraska
KEYWORDS:

1 posted on 08/31/2012 11:05:07 AM PDT by WilliamIII
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To: WilliamIII

—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.


2 posted on 08/31/2012 11:13:18 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: WilliamIII

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.


3 posted on 08/31/2012 11:13:34 AM PDT by NonValueAdded (Tantaros: "Plainly put, Romney and Ryan can't push granny off the cliff. Obama beat them to it.")
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To: cuban leaf
Sounds like she has a good case.

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.

4 posted on 08/31/2012 11:23:40 AM PDT by ScottinVA (If Obama is reelected, America will deserve every mockery that follows.)
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To: NonValueAdded
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.

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.

5 posted on 08/31/2012 11:24:58 AM PDT by Pollster1 (Freedom is never more than one generation away from extinction. - Ronald Reagan)
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To: cuban leaf

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.


6 posted on 08/31/2012 11:28:12 AM PDT by Usagi_yo
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To: Usagi_yo

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.


7 posted on 08/31/2012 11:36:05 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: WilliamIII

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.


8 posted on 08/31/2012 11:39:11 AM PDT by fremont_steve
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To: WilliamIII

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/


9 posted on 08/31/2012 11:39:25 AM PDT by BCrago66
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To: cuban leaf

she is probably being paid a subscriber service fee.


10 posted on 08/31/2012 11:43:30 AM PDT by Usagi_yo
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To: WilliamIII

Great! I’d like to sue California for the California Auto Emissions Standards!


11 posted on 08/31/2012 11:56:21 AM PDT by Tallguy (It's all 'Fun and Games' until somebody loses an eye!)
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To: WilliamIII
Bogus licensing/credentials etc are one of the classic tools of crony capitalism. People buy politicians and then use the government to eliminate their business competition.

Tell me why government should license real estate sales people? Do they license shoe/car/etc salesman all of which take more knowledge of their product. Actually this has gone so far that for all I know some states do require licenses.

In most states you have to study longer to be a barber, mortician, pill dispenser (pharmacist) and hair cutter than you do to be an engineer working for Boeing designing airplanes. AFAIK Boeing engineers do not require licenses from the state.

The pill dispenser case is interesting. Just recently their pressure group got CA to require a graduate degree. As a result there is a huge shortage and the pill dispensers earn $150K/year or more. Think back on how many times you go to a drugstore and the pharmacy is closed because they cannot afford to have pharmacists to cover during lunch breaks etc. These guys don't even count the pills; they have machines to do it for them.

And don't give me a line about how they have to warn patients about side effects etc. All the pills have package inserts. And the bad mixtures of medicines problem has to be caught by the MD who prescribes the drugs.

I wish this woman success.
12 posted on 08/31/2012 12:00:04 PM PDT by fifedom
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To: BCrago66

That is exactly what happens. There was a long running case between Colorado and Kansas over water rights in the Arkansas River.


13 posted on 08/31/2012 12:50:34 PM PDT by colorado tanker
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To: BCrago66

That is exactly what happens. There was a long running case between Colorado and Kansas over water rights in the Arkansas River.


14 posted on 08/31/2012 12:50:44 PM PDT by colorado tanker
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To: WilliamIII

Can she sell across state lines?


15 posted on 08/31/2012 12:51:54 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: freekitty
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.

16 posted on 08/31/2012 1:06:53 PM PDT by Bob
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To: Bob

So, it sounds like she is an independent MLS-like service?


17 posted on 08/31/2012 1:18:14 PM PDT by jettester (I got paid to break 'em - not fly 'em)
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To: jettester

Who happens to be a broker?


18 posted on 08/31/2012 1:18:50 PM PDT by jettester (I got paid to break 'em - not fly 'em)
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To: WilliamIII

Good Lord!

What does this do to Craig’s List & E-Bay??????


19 posted on 08/31/2012 1:36:02 PM PDT by ridesthemiles
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To: jettester
So, it sounds like she is an independent MLS-like service?

As far as I can tell, yes.

20 posted on 08/31/2012 2:35:47 PM PDT by Bob
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To: fifedom
Bogus licensing/credentials etc are one of the classic tools of crony capitalism.

I don't know why we have state licensing at all. Risk management is up to the insurers. Let them make the call of qualifications v. risks v. scope of work, etc. State licensing offers no warranty for performance and no culpability for evaluating qualifications effectively.

21 posted on 08/31/2012 4:24:55 PM PDT by Carry_Okie (The Slave Party Switcheroo: Economic crisis! Zero's eligibility Trumped!! Hillary 2012!!!)
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To: Carry_Okie

Mucho dinero.


22 posted on 08/31/2012 4:46:30 PM PDT by jettester (I got paid to break 'em - not fly 'em)
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To: Usagi_yo

She could even be making all her dough through banner ads, but either way, the USSR should butt out of free speech. The only reason they can control the speech of real estate agents is because they are licensed. Now they are trying to force her to get a license in order to even show people what real estate is available.

Dispicable.


23 posted on 09/01/2012 3:20:32 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: Bob

Not even a finders fee or the cost of listing? I would think she is making something. Maybe customers like Angie’s lists who pay a fee


24 posted on 09/01/2012 3:59:44 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: cuban leaf

It’s not a free speech issue. It’s a commerce issue. The woman is posting homes for sale at the moment. The state of Nebraska is just asking that she be licensed and know the states rules and regulations pertaining to Real Estate.

It would be much different if she was posting homes *she* had for sale.

What if she where posting other peoples homes for sale and sorting them by racial stats of the area they are in?


25 posted on 09/01/2012 9:28:10 AM PDT by Usagi_yo
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To: Usagi_yo

What if she where posting other peoples homes for sale and sorting them by racial stats of the area they are in?


None of my business.Its a free speech issue. But once she agrees that she needs a license, she gives up her first amendment rights. In some states you can not call a family room a family room. Disgusting.


26 posted on 09/01/2012 9:38:12 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: freekitty
Not even a finders fee or the cost of listing? I would think she is making something. Maybe customers like Angie’s lists who pay a fee

She could be using Google AdSense, affiliate links, banner ads, or any number of other ways to monetize her site. Those would have nothing to do with the properties that she's listing (other than the fact that same people who view the listings would also see the ads).

27 posted on 09/01/2012 2:12:17 PM PDT by Bob
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To: Bob

Makes sense


28 posted on 09/01/2012 2:56:47 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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