Blogging real estate agent sued for $25 million
Good morning. This one is worth noting: "Developer Tibor Hollo has filed a $25 million defamation lawsuit against a Miami real estate agent who blogged that the octogenarian went bankrupt in the 1980s and is headed for a fall with the upheaval in the condo market."
More, from the Miami Herald: "Hollo last week sued agent Lucas Lechuga and the Coral Gables brokerage Esslinger-Wooten-Maxwell alleging they have engaged in a smear campaign against him and his Opera Tower condo development on Lechuga's Miami Condo Investments blog."
The blogger, Lucas Lechuga, was terminated by the brokerage, but is still blogging: "The reason why I wrote the post is because I was receiving a lot of phone calls from contract holders of the development telling me that they had no intention on closing on their condos. In my opinion, a blog is a vehicle to share opinions, thoughts and concerns. I was merely sharing these concerns with potential buyers and contract holders. About three weeks ago, a local newspaper disclosed a story about a class-action lawsuit against the developer filed by contract holders wanting to get out. This topic was an area of concern, and one that I felt needed to be addressed to my readers."
Your thoughts? Comments? E-mail story tips to peter.viles@latimes.com
Hat tips: Tony Pierce (the LATimes.com's boss of blogs), Take Five via e-mail
I don't know if FL has SLAPP laws but it seems like a need for a SLAPP counter-suit.
http://en.wikipedia.org/wiki/SLAPP
What are good people just supposed to sit by while scamsters fleece joe sixpack?
Is that what we have come to?
Posted by: sunsetbeachguy | January 31, 2008 at 10:39 AM
Actually, if the guy has the data to back his post up, then it's not libel or a smear campaign. It's reporting.
Hollo will just end up losing - even on Free Speech grounds. I think the only company in real trouble is the brokerage firm who fired the guy. They need to have just cause, and I don't think setting up an industry blog qualifies.
Posted by: Tombstone Realty | January 31, 2008 at 11:36 AM
As one commenter said here: ' THE REVOLUTION WILL BE ON THE INTERNET". People are fed up and they have found a way to do battle by informing each others on what is really going on... The rest of the media is asleep.
Posted by: CD | January 31, 2008 at 11:38 AM
hey people, it's easy to sue anybody but winning is a different story! so many lawyers, you know. the main point is you'll never find a better time to buy metro L.A.!! get that loan from grandma or do whatever you have to do to stop renting. good luck!
Posted by: lefty | January 31, 2008 at 11:56 AM
Lefty,
Mom just called and said she is going to cut off your Internet access if you don’t do you homework first. Please call her at work. She doesn’t sound happy. Maybe you can slip her one of those happy pills. You know,(wink,wink)....
Posted by: Rob | January 31, 2008 at 12:45 PM
I think the suit worked. The intent is not to win, but to silence and stall. It would appear the suit got the guy fired. The suit will cost the realtor time and money to defend. If Hollo goes BK, the realtor will not even be able to win back court costs.
Posted by: Pat | January 31, 2008 at 12:56 PM
sunsetbeachguy,
The last place you want to get SLAPPed is in Florida. Florida has anti-SLAPP legislation, but it only applies to government agencies and homeowner's associations. Pretty pathetic.
Posted by: Bots | January 31, 2008 at 12:57 PM
Lefty, Grandma just called me back and said "you're a fool if you pay $500k for a 2 bedroom 1 bath house buit in the 20s." Looks like i'm waiting it out! :)
Posted by: Jonah1979 | January 31, 2008 at 01:15 PM
one caveat - it appears the blogger may have posted false information. Hollo claims he has never filed bankruptcy and the blogger has retracted that statement, saying he was possibly misinformed by others.
i'm all for free speech, but bloggers with no journalism training need to be very, very careful before they post unconfirmed information, particularly potentially libelous information. if somebody posted that i had declared bankruptcy when i had not, i'd be pissed off too.
what's funny here is that this is a realtor vs. a developer. don't the commenters here despise realtors much more than they do developers? where is the hate, people?
Posted by: tarbubble | January 31, 2008 at 01:34 PM
Bots:
One more reason, I am a Californian by birth and choice. I'll never live in FL.
Posted by: sunsetbeachguy | January 31, 2008 at 02:06 PM
Lefty,
You are a very brave guy! in a way you are right. Downtown Los Angeles Condo Biz is booming!
I wished I could speak Korean...
Posted by: Joseph...The Real Estate Guy | January 31, 2008 at 02:25 PM
When blogging is outlawed, only outlaws will blog!
Posted by: William E. Jones | January 31, 2008 at 02:56 PM
Lefty, I always love your advice! Now, please tell me who I should vote for. Also, do you have any stock tips?
Posted by: sfvrealestate | January 31, 2008 at 04:32 PM
Tarbubble,
You are right, we do despise realtors. But we despise developers who screw over a greater number of people in a day than many realtors can muster the strength to screw over in a given year even more.
And we like bloggers and dislike people with lots of money who try to sue them into silence.
Posted by: thekk | January 31, 2008 at 11:02 PM
Classic intimidation at it's 3M best! ASSUMING this woman had her facts straight: Now that she's incurred a "real loss" this woman should sue for libel and lost wages as well as a violation of her First Amendment rights. Well heeled folks too often use the courts to be their boogie man assuming they can afford better/more lawyers. Fortunately there's always a "lefty" out there willing to lead the charge. Now all she has to do is fine him/her. When she's done with her antagonist, she should have herself a piece of the Broker who wimped out on her.
Posted by: Michael Snyder | February 01, 2008 at 09:46 AM
thekk, i was being a little tongue-in-cheek. i view developers and realtors as complementary parts of "the machine," and i have a healthy, vigorous distrust of both. if the realtor speaks the truth, then the lawsuit is disgusting. but if the realtor made public false and damaging information, then the suit may have a wee bit of merit. but without knowing how influential this blog really is, we're just blowing hot air. if the Miami condo market is tanking hard (as i'm told it is), then the realtor's comments may be the equivalent of a snowball in an avalanche.
i just don't automatically assume that the blogger is the good guy and the dude with all the money is the bad guy. after all, anybody with an internet connection can blog.
Posted by: tarbubble | February 02, 2008 at 11:40 AM