Justin,

Yes, I think we need a disclaimer.

I got read the riot act today from a broker who thought one of my blogs could be about them.

You know what,  I think it might be guilty conscience.

Justin,

I just asked the same question this week.  We have to put a disclaimer on everything so

why should a blog be any different.  I think your point is well taken.  I am going to work on mine.

Thanks for the heads up.

@ Linda - I think your right, kind of funny how sometimes people are quick to defend when its not really about them.

@ Brenda  - I hope you have success in creating a disclaimer!

I add a disclaimer whenever I post a market report, since the statistics are pulled from the local MLS.  The information is correct as of the date/time of posting or what was actually pulled from the MLS that day.  What if the MLS malfunction that day and gave the wrong figures? 

We write freely, to seek help or learn or exchange ideas.  Yet I won't be surprised if another would blame or criticize if they became depend on what was blooged.

Hi Justin  This may be an answer I have been waiting for on the Liability for realtors in Blogging.  I wrote a post on it and 2 updates..No one will give any kid of definite answers.  If you have a chance read it please thanks.  I was told by my brokerage...where my name goes so does the Company

@ Sherry - Well I can see why MLS listings and reports need one but the question is do we bloggers need one for our blogs?  I thought about always adding a disclaimer at the end of each post but decided to put one on my side bar so it will always be there.  Thanks for commenting!

@ June - Well I researched and found that no matter how well you potray your disclaimer there is always a gray area that can be found so we still have to be very careful, will do, thanks for commenting!

Justin My update on Liasbility is on the Pa group among others .  I am going to update it and link your post

if that's OK with you.  I do want you to check it out before I do  Thanks.

@ June - Sure feel free!

I think the disclaimer, unfortunately, is a great idea in today's day and age.

Oh I remember now, free speech is only allowed when your company likes what you say. Where's that disclaimer now...

I am new to Blogging and had not thought of a Disclaimer on my weblog. I am going to work on one and get it posted. Better safe than sorry. 

I might need a disclaimer on my whole life, not just my blog. LOL

Justin, your disclaimer looks really good. As I have said before I would be out the door if a Broker tried to tell me not to blog. That being said....I always thought Activerain disclosure in included us all .I see them on lots of blogs at the end, sometimes it takes away from the message, IMHO. But, if I do one it will be nice adn neat like on your sidebar.

Since we agents are independent contractors, that's going to be different from when you're an employee.  We still have some rules we are asked to follow when representing our brokers.  Disclaimers are probably still a good idea.

I heard that WalMart was trying the type of control you mention Justin - telling their workers how to vote (not sure how many stores that applied to).  That's stepping across the line as far as I'm concerned, but right now, several entities are plucking up the nerve to try such things.  These can be dark times.

Let's not forget our personal FREEDOMS.  Some seem to forget that we have them.

Justin, Though a camaraderie can be found here, so can those who would like to destroy us.  Your disclaimer looks great but still use caution in what you publish.  Emailing, blogging & commenting all stem from the emotional side of us, therefore we must really think things through before we let our fingers do our talking!

never can hurt to have one.  Better fo add mine now.

I am new to blogging and I have wondered if there is some sort of compliance issue I should be concerned with.  I guess it would not hurt to add a disclaimer.  Thanks for the information.

Probably a good idea as is one I saw yesterday about the content being solely the property of the authors.  I will work on a disclaimer for the sidebar and revisit the other agent's statement at the bottom of her blog. 

WOW! I am very new here and there are a number od people from my office who are just now getting involved in active rain so this is a revelation and something we need to look at we get more involved. Thanks for writing this article

I would rather have one then not..just my opinion.

Disclaimers are unfortunately a must in this day of age.

Never thought about a disclaimer.  I just hope it doesn't get too long just like the contract are always getting longer and longer everytime there is a new lawsuit.

I hadn't given this much thought either - but I do think it is a good idea.   Thanks Justin.

@ Jim - When you get that life disclaimer written can I use it?...:)

Agree, this is something we should all be doing so I better get busy. Your disclaimer looks great and stands out.

Wow woke up to a feature, thanks everyone, appreciate the responses!

@ Christine - Sad but true

@ Paul - lol, point well taken ;)

@ Linda - Yes my thoughts exactly, thanks for commenting!

@ Jim - LOL, good point!

@ Missy - Thank you! Well the Activerain Disclaimer is mainly to protect them and saying that whatever we say will not be accountable for Activerain. So in essence maybe Activerain might develop a disclaimer for us individuals later?

@ Suzanne - Wow Walmart is stepping over the line! You know this is something that may not seem like a big deal at first but can get pretty scary when it comes to play, thanks for commenting!

@ Sara - Thank you and yes the disclaimer does not make you immune so we still have to use caution.  I haven't thought about doing a commenting disclaimer, man so much stuff to think about!

@ Villa - thanks for stopping by!

@ Rebecca - Your Welcome, thanks for commenting!

@ Unknown - thanks for commenting!

@ Sonya - Your Welcome and Welcome to the Rain ;)

@ Neal - better safe than sorry seems to be the consensus

@ Castellum - it seems so!

@ Tim - LOL, lets hope not!

@ Kara - Your Welcome, thanks for stopping by!

@ Debbie - Thank you!

I thought we were "owned" by our broker and could only post stuff if we Used the company name, phone number, equal housing opp. and realtor/mls logos either in our blogs or on our profiles.  Thats what I was told anyway.

@ Kay - keep in mind every employer is different like some Broker's encourage blogging others Ban it!

Justin....  I agree with Missy....  I thought the AR dislcaimer was good enough and that they would take away from each blog if on the blog... so I am going to do one on the side bar anyhow. In most cases, when I write a post that is not factual, I write the word opinion in their most times... and sometimes several times.   Good thought here...

HI Justin, I have been thinking about the same thing lately...especially for my personal blog..

I had a long disclaimer on my first blog for awhile.  Got away from using it.  A big part of the disclaimer was that it was my opinion NOT my brokers.

Justin, adding a disclaimer is a good practice. You disclaimer seems to cover all the bases. Thanks for the reminder.

I would go one step farther with disclaimers.  It is important to also protect the author, not just the company you work for.  I do put the disclaimer in the blog at the bottom --  It is not fun being sued -- and even if you are "right" it can be costly. 

Great Read Justin!  Good information and thanks for the tip(s) all the way around.  I'm sure I'll be using them "soon" in one fashion or another. 

One of my associates emailed me this post and it's very good. Our company is completely different from most if mot all because we are "agent owned" so we need to look at this issue as a group to avoid any possible problems. I am going to start using a disclaimer asap and thank you for your information.

good thinking...I will definitely look into this further

Yes, I think it's time to come up with one.  I try to stay away from inflammatory statements or blog posts but a simple comment could be taken the wrong way.  I don't want anything I say to reflect badly on my broker.

Great post Justin, I better check with my employer and see if I need one of these.

Maybe something like:
This is a personal weblog. The opinions expressed here DO represent my own and MOST LIKELY those of my employer.  :-)))

Ah the disclaimer.  We have three pages of them in our eight page contract.  Very familiar.  Prudential also makes us put one on all of our mailouts as well.  Just in case we are the idiot that somebody out there finds offensive :)

Blogs are suppose to be about the author's personal opinion but, I suppose, the contentcan be taken out of context and misinterpreted by some. I don't think disclaimers are necessary but cannot hurt... It is always better to be safe now than sorry later.

I think a disclaimer for one's blog makes sense... thanks again for this info

I think this is a good idea for those who work for a corporation or a large company.  As a broker/owner, I don't feel the need for this personally, but I can see that it could serve as a good buffer.

Had not thought of this Thank you!

Had not thought of this Thank you!

It is amazing how the tendrils of the Internet continue to engulf users and create new problems every day! I feel I have so many disclaimers, in my email sig, my blog (now that I have read this :) this litigious and censored society is becoming suffocating! With that said I am somewhat new to this avenue and I have seen progress already - it truly is such a necessity in this day and age to have an internet presence!

such a letigious society in which we live. Everyone wants to sue everybody for everything. How sad

I think it is a good idea to have a disclaimer. I bookmarked your post!

Justin,

I am a broker of a smal company. I do not see that I need the disclaimer, as I am the employer, or is there an angle that I am missing here?

Good point. I will probably have to come up with a disclaimer too. Thanks .

Good call Justin. I try to be very careful with what I write when blogging, but it never hurts to have a disclaimer. Looks like I have one more project this afternoon.

I just started adding disclaimers to my blog last week... I think I will beef it up just a little bit now that I have read your post. Thanks!

Matt Cutts doesn't want people confusing his thoughts with Google's, so his makes sense.  AR can't control what it's clients say, so their's makes sense.  Yours confuses me. Why would you state that you "make no representation as to accuracy, completeness, currentness, suitability or validation of any information"?  I understand the need for a disclaimer, but yours gives the impression that you don't check facts or know what the hell your talking and should be listened to.  I've never seen the words suitability or currentness used in a disclaimer.  Nothing is ever "complete", therefore what's the point of saying that. and you control the accuracy and validity of what is printed, why would you put that unless you are posting in a wreckless or malicious manner?

My blog doesn't have a disclosure because it is transparent.  I say who I am and who I work for at the top of the page.  I will make individual disclosures about water saftey if blogging about boating in the area or about MLS stats if providing those, but I don't need to discount everything I say by saying that it may not be true.

Yes I think we need a disclaimer, I've just been putting it off for a few months now. It is a shame about the referenced person & her 'wacky' employer.  You need a blog today to stay relevant in your business & to promote yourself.

I have built a few different blog shells that we use for real estate and also for monetary purposes. Here is what we have for a disclaimer, it is long, but CYA is very important in todays world, it is in the terms of use section: http://www.onlyinburbank.com/terms-of-use/ i use this same wording for all of my blog sites.

The disclaimer is a good idea - Mine is going to be similar as far as the employer, and state that to the best of my knowledge, blog content is accurate at the time of posting.  Thanks for the post, Justin.

I can see why a company would require an employee to do this... makes sense.  I like the one Brad did!

I think this is a great blog post and a very wise step to take in protecting your own interests and those of Prosperity Mortgage.  I'm aware of the recent issue with the AR blogger from Wachovia in your area, and it's unfortunate that there are still companies out there that have failed to harness the power of social media through their employees.  Quite admirable that you have been so proactive in this Justin!

I think that a disclaimer is a good idea, and it just reinforces that by reading your blog and all the responses you have received.  It is good to protect yourself and shield your company from any potential harm.  I gotta go so I can start working on developing my disclaimer.

We have recently started adding a disclaimer. Tried to keep it short and sweet but I may add more to it. ~Rita

Justin ... I like your article on whether we need a disclaimer.  But that won't stop somebody if he or she wants to get you.  By the way ... how did you get that banner over there at your blog bio?

Harrison K. Long, Explore Properties Group, Irvine, CA

I think if someone is going to sue you whether you have a disclaimer or not will not help. Its unfortunate. I just watch what I say I guess.

I think its a good idea. If you have a website, I suggest creating pages for a privacy policy and terms of use (including blog disclaimer), and link those from your blog.  You can look at our site for a privacy policy and terms of use, feel free to copy. (Just read it and adjust to fit your needs before you post it up). Our site is www.c21teamwarner.com Here is an excerpt from our Terms of Use that covers blogs, chats, and forums.

Materials Submitted by Other Users
We cannot and do not review every posting made in our blogs, chat rooms, forums, and other areas available for public postings. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. Any blog, chat, or forum postings reflect only the opinions of the author and do not reflect the opinions of CENTURY 21, CENTURY21 Clinkenbeard Group, CENTURY 21 Team Warner, or any of our affiliates, parents, or licensees, nor endorsement of any kind by CENTURY 21, CENTURY 21 Clinkenbeard Group, CENTURY 21 Team Warner, or any of our affiliates, parents, or licensees.

Careful blogging, everyone!

I think its a good idea. If you have a website, I suggest creating pages for a privacy policy and terms of use (including blog disclaimer), and link those from your blog.  You can look at our site for a privacy policy and terms of use, feel free to copy. (Just read it and adjust to fit your needs before you post it up). Our site is www.c21teamwarner.com Here is an excerpt from our Terms of Use that covers blogs, chats, and forums.

Materials Submitted by Other Users
We cannot and do not review every posting made in our blogs, chat rooms, forums, and other areas available for public postings. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. Any blog, chat, or forum postings reflect only the opinions of the author and do not reflect the opinions of CENTURY 21, CENTURY21 Clinkenbeard Group, CENTURY 21 Team Warner, or any of our affiliates, parents, or licensees, nor endorsement of any kind by CENTURY 21, CENTURY 21 Clinkenbeard Group, CENTURY 21 Team Warner, or any of our affiliates, parents, or licensees.

Careful blogging, everyone!

Hi Justin - I have been toying with the idea of a disclaimer but haven't had any urgency to this point to act on those thoughts.  Your post has made me think that I had better get my act together and stop dragging my feet.

I've had a disclaimer for about a year now and I think that any Realtor or agent who works for a large company should do so for CYA.  If I worked for a small brokerage or on my own it wouldn't be necessary.

Justin, I have had one on my AR profile and love your side bar idea. Might just have to use that idea if you don't mind :)

Justin, very nice! I like the way you wrote your disclaimer. I think I'll copy it - or is it copyrighted? ;-)

Congratulations on the Gold Star!

Clever the way you incorporated you name into the title of your business name. I think the disclosure post was informative. Thanks,

First day on this group and already have a "to do" item.  I will be adding a disclaimer to my sidebar as you did so I don't have to remember to do it every time.  And yes...i do think it is a good idea. 

A disclaimer can't hurt.

Justin, I tried to access this blog yesterday when I saw it featured, but couldn't ever get it to load. So, I asked some of the same questions myself. I like the way you do it on the side, I think I will try that. Thanks for the information.

Hi Justin,

I am a broker and an attorney, and I write a monthly column on real estate for our local newspaper and informational pamphlets that I give out at open houses and other places.  I have to have a disclaimer on whatever I write for those articles, but haven't done so for my blog for some reason.  I probably should, as I don't want people nationwide to act on what they perceive as legal advice for them, when anything I say may pertain only to California or only to a very specific situation.  My disclaimer is:

Susan Neal is a broker with Century 21 Noel David Realty in Fair Oaks.  She can be reached at (916) 705-8951 or www.SusanNealFineProperties.com.  This article is not intended to give legal or tax advice, and you should consult your attorney or financial advisor for additional information.

Interesting topic, especially, in our libelous society. I guess it is usually a good idea to understand this for "insurance" purposes.