Social Media Lawyer Law Firm Brochure

Master your domain 2

TABLE OF CONTENTS

TABLE OF CONTENTS

MASTER YOUR DOMAIN INTERNET LEGAL ISSUES FOR REAL ESTATE PROFESSIONALS BY ATTORNEY STEVE VONDRAN,

THE REAL ESTATE LAWYER.

1) The importance of social media marketing for real estate brokers

2) Social media policy for your real estate agents and licensees

3) Website privacy policies for real estate mortgage and other brokerages

4) Posting truthful and accurate information and testimonials on your website and social media networks

5) Real estate podcasting legal issues

6) Real estate domain name disputes

7) Internet defamation issues for real estate brokers, realtors and sales agents

8) Real estate crowdfunding

9) Protecting your real estate firm trade secrets and other intellectual property

10) Building your real estate brand


(1) Why should you care about eBusiness?

The modern day real estate agent needs to be tech-savvy and understand the importance of social media marketing. In addition, a smart real estate broker (or sales agent) will work hard at developing their social media presence, and will seek to create authority in their niche. This means the goal of social media marketing for real estate professionals can be narrowed down to this:

A) Pick a nicheB) Be the authority in the nicheC) Build fans and followers while building your brand

This may seem over-simplified, but in essence, good agents carve out a niche as good lawyers do. For example, if you have a real estate law problem, would you rather hire a real estate focused law firm to assist you, or a lawyer who handles DUI, family law, and Real Estate cases? Most people would prefer to go with the niche authority. The same is true of picking a doctor. If you need back surgery do you go to a general practitioner, or a back doctor specialist to help you out? The answer is clear.

In the real estate context, I would implore you to PICK A NICHE and go for it. Be the thought leader in your niche. For example, pick an area that you want to dominate, and focus on that area.

(1) The importance of social media marketingfor real estate brokers


In Arizona for example, a real estate broker might want to focus on one of the following:

A. Downtown Phoenix Commercial Real EstateB. Phoenix Infill SpecialistC. Scottsdale Luxury HomesD. Arizona Golf HomesE. High Rise Living SpecialistF. Senior Housing GuruG. Arizona Land GuruH. Phoenix Business Sales SpecialistI. Buckeye Real Estate ExpertJ. Flagstaff Property ProK. 1031 Exchange ExpertL. Central Phoenix Guru

These are just some examples. There are hundreds of other niches you can choose, and focus on to become the recognized leader in your area. You can then build content and keywords that focus on these areas in an attempt to get found in an internet search. In other words, you need to OWN YOUR KEYWORDS and be the pro in those areas. This is the area you will farm and make yourself known in. Some of the new domains that have recently been launched (in particular the .guru domains) can help you brainstorm in this area. For example, you might want to buy DowntownPhoenix.guru or Infill.guru or HighRiseLiving.guru. This sends a strong message to stay focused in the given area. In some circumstances, these domains can be leased from the owner on a monthly basis. This is another new trend in real estate domain names.


HighRiseLiving.guru. This sends a strong message to stay focused in the given area. In some circumstances, these domains can be leased from the owner on a monthly basis. This is another new trend in real estate domain names.

Once you pick a niche, it is time to build out your content and showcase them across the major social media networks, for example, you will want to build a profile on the following types of websites:

A. Facebook (build a fan page that discusses your niche). Try to build up your fanbase with quality content that you give away for free. Become likeable and shareable, and make sure you content is short, concise and yet informative.

B. Twitter (tweet on anything that is real estate related that deals with property, trends, stats, stories or other news relating to your niche area, including links to pictures, videos, and other things that involve real estate in your targeted area)

C. Youtube (it is more important than ever before to build a quality youtube real estate channel that relates to you niche area, and that has playlists that break your niche area into further real estate niche areas)

D. Slideshare (this is another great site where you can build followers and get potential clients and real estate investors, sellers, and buyers to download your slideshow real estate guides).

E. Activerain (this is probably the best real estate website for brokers and real estate agents, realtors, appraisers, mortgage loan officers, and others who want to network). This is usually a really good place to post articles in addition to having your own blog.


ATTORNEY STEVE SAYS: These are some of the main social media websites the real estate professional should be aware of. There are of course hundreds of others, but it is tough keeping up with all the websites. If you focus on this core social media sites, and really command authority in your niche area, I think over

time you will find success, including referrals from other real estate professionals.


(2) Social media policy for your real estate agents and licensees

While it is important to have a strong internet web presence when you are trying to build your real estate company, you also need to be aware of what other real estate agents are doing. I posted a blog on activerain several months ago that talked about the importance of having a social media policy for your real estate licensees, and that this was part of the brokers duty of supervision. Amazingly, I had one sales licensee respond by saying something to the effect that people are going to copy other peoples stuff online and thats just the way it is. When I responded to her post by asking does your broker feel the same way I never heard back. The point here is clear, many sales agents might not have the same interest in social media liability as does the broker. Thus, I believe it is very important from a liability management standpoint to:

A) Know what your brokers are doing (i.e. what they are doing on various social media websites) and,

B) To continually train them on new social media laws and issues so that everyone at the firm is aware of the changes in social media law. This is a rapidly evolving frontier and with new technologies popping up everyday, it is of paramount importance to have a social media policy that is clear, understandable, and is enforced by its terms.


ATTORNEY STEVE SAYS: A good social media policy should address, at a minimum the following five things across all social media platforms:

The importance of publishing truthful content; and truthful endorsements (discussed further below);

Copyright issues in creating agent websites (ex. discussing what fair use is and what can be used as opposed to what types of borrowing of content can result in a copyright in fringement lawsuit);

Trademark issues in creating agent websites;

Use of unlicensed DBAS (which is a huge problem as many real estate agents and realtors, particularly non-brokers, may not be aware of what an unlicensed DBA is and how the Department or Bureau of Real Estate frowns on such uses, and can actually discipline the broker for. A prudent broker should be aware of there is any unauthorized use on any agent websites. The broker should make it clear they need to know what sites the agents are posting on, and have a right to review posts before they are posted. As most people know, once something is on the web it can be there forever, and can be used against you in a real estate lawsuit, or broker accusation. I see it all the time;

Non-disparagement of competitors (accidental libel, slander can result in a costly internet defamation lawsuit). This can often times arise in the use of keywords and metatags including in facebook and google pay-per-click ads.

Again, it is important to build an alliance with a good real estate and social media law firm like ours, and we can keep you updated with the new cases that arise that create legal liability for real estate brokers and licensees. The best money you can spend on legal services is staying out of problem areas in the first place. This should be seen as a critical part of the broker duty to supervise as set forth in California Real Estate Commissioners Regulation 2725.


(3) Website privacy policies for real estate mortgage and other brokerages

For the broker building out their internet web presence and trying to MASTER YOUR DOMAIN, it is important to understand some of the potential legal issues that could arise in your internet marketing endeavors. For example, one issue that applies to real estate mortgage brokers (and any other commercial business) that collect personally identifiable information online from potential borrowers includes Making sure you have a website privacy policy.

In California all commercial websites (ex. a real estate business) that collect personally identifiable information must have an internet privacy policy that complies with California Business and Professions Code Section 22575. This section states:

(a) An operator of a commercial Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its commercial Web site or online service shall conspicuouslypost its privacy policy on its Web site, or in the case of an operator of an online service, make that policy available in accordance with paragraph (5) of subdivision (b) of Section 22577. An operator shall be in violation of this subdivision only if the operator fails to post its policy within 30 days after being notified of noncompliance.

(b) The privacy policy required by subdivision (a) shall do all of the following: (1) Identify the categories of personally identifiable information that the operator collects through the Web site or online service about individual consumers who use or visit its commercial Web site or online service and the categories of third-party persons or entities with whom the operator may share that personally identifiable information.


(2) If the operator maintains a process for an individual consumer who uses or visits its commercial Web site or online service to review and request changes to any of his or her personally identifiable information that is collected through the Web site or online service, provide a description of that process.

(3) Describe the process by which the operator notifies consumers who use or visit its commercial Web site or online service of material changes to the operators privacy policy for that Web site or online service.

(4) Identify its effective date. (5) Disclose how the operator responds to Web browser do not track signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumers online activities over time and across third-party Web sites or online services, if the operator engages in that collection.

(6) Disclose whether other parties may collect personally identifiable information about an individual consumers online activities over time and across different Web sites when a consumer uses the operators Web site or service.

(7) An operator may satisfy the requirement of paragraph (5) by providing a clear and conspicuous hyperlink in the operators privacy policy to an online location containing a description, including the effects, of any program or protocol the operator follows that offers the consumer that choice.


ATTORNEY STEVE SAYS: Internet Privacy is a very important topic. Especially if you are a financial institution under the Federal Gramm Leach Bliley Act (GLB). If so, you need to be very careful about complying with both state and federal information privacy laws. I was a former Privacy Consultant with Experian prior to becoming a real estate lawyer. My job was to track all the

privacy laws, including California, and Federal privacy laws, and the European (EU) privacy laws. If your real estate business is collecting personal information from real estate investors, borrowers, developers, or others, you owe it to yourself to investigate the privacy issues, and have those addressed. A privacy snafu can lead to potential legal liability, and a bad reputation on the internet. This can affect your brand, and your sales. We can consult with you to help you address your privacy policy legal compliance needs.


(4) Posting truthful and accurate information and testimonials on your website and social media networks

In the past, many real estate brokers would build out there websites making all sorts of claims about their products and services. While it is tempting to engage in puffing and salesmanship trying to attract new real estate clients, it is also very important to make sure whatever you are posting on your website, blog, or other social media websites is TRUE, ACCURATE, and SUBSTANTIATED by fact. If you dont you could run the risk of engaging in false advertising, dishonest dealing, unfair business practices, or a violation of the FTC Act (Federal Trade Commission). This boils down to the law of blogging and the FTC has set forth rules on true and accurate internet advertising, endorsements and testimonials. Here is a brief summary of the Federal laws (state laws also apply in most cases).

THE FTC looks at the following (see FTC.gov for more information):

Advertising must be truthful and non-deceptive (i.e. not likely to mislead) and viewed from the eyes of the reasonable consumer. So it is what THEY think and perceive, NOT what you the real estate broker believes. This is why it is important to have a third party review your advertising before using it on the internet in a manner that often becomes permanent and can be used against you in a civil litigation or administrative enforcement action if the advertising is material to the decision making process of the consumer.

Advertisers should have specific evidence to backup their claims made (i.e. a reasonable basis for the claims being made). The FTC will likely look at both your express and implied claims made in your advertisement, so you will want to make sure you can back up what you are saying. For example, if you say we are the number one real estate company in California I hope you can back that up. That can be deemed to go beyond permissible sales puffing and if material to a buyers decision to use you as their listing agent, this could lead to liability if untrue.


Advertisements should not be unfair, or cause substantial consumer injury (this can apply in the case of sweepstakes which open up its own set of rules, not discussed in this guide)

FTC false endorsement rules from the FTC website:

(a) Endorsements must reflect the honest opinions, findings, beliefs, or experience of the endorser. Furthermore, an endorsement may not convey any express or implied representation that would be deceptive if made directly by the advertiser.

(b) The endorsement message need not be phrased in the exact words of the endorser, unless the advertisement affirmatively so represents. However, the endorsement may not be presented out of context or reworded so as to distort in any way the endorsers opinion or experience with the product. An advertiser may use an endorsement of an expert or celebrity only so long as it has good reason to believe that the endorser continues to subscribe to the views presented. An advertiser may satisfy this obligation by securing the endorsers views at reasonable intervals where reasonableness will be determined by such factors as new information on the performance or effectiveness of the product, a material alteration in the product, changes in the performance of competitors products, and the advertisers contract commitments.

(c) When the advertisement represents that the endorser uses the endorsed product, the endorser must have been a bona fide user of it at the time the endorsement was given. Additionally, the advertiser may continue to run the advertisement only so long as it has good reason to believe that the endorser remains a bona fide user of the product. [See 255.1(b) regarding the good reason to believe requirement.]

(d) Advertisers are subject to liability for false or unsubstantiated statements made through endorsements, or for failing to disclose material connections between themselves and their endorsers [see 255.5]. Endorsers also may be liable for statements made in the course of their endorsements.


ATTORNEY STEVE SAYS : It is easy to think that the world is so big that you will never be called out for your real estate advertising. That kind of thinking can get you into trouble. If the FTC comes calling (usually triggered by a complaint from a disgruntled

real estate client) then you could face a cease and desist order, and costly civil fines. Dont risk fabricating to get more real estate clients. The FTC does not have a pre-approval review for your advertisements, so you may want to run them by a real estate law firm for approval, especially where ads relate to mortgage lending, and truth in lending concerns also arise.


(5) CHAPTER FIVE - Real estate podcasting legal issues

Another great way to build your internet real estate brand and niche authority is by the use of having your own real estate podcast. For example, Arizona real estate trends, California coastal living trends, etc. It is real easy to get a podcast setup and even us lawyers have ventured into this exciting new area. With a podcast, you can explore your niche area and show your knowledge and enthusiasm for a specific topic. For example, we have a social media law real estate podcast you can find at www.AttorneySteveShow.com. The site is hosted through libsyn.com and we use this site to explore internet law and domain name issues for real estate professionals and to also discuss general real estate coaching and motivation. It is a husband and wife podcast with myself and my wife Lisa.

With a real estate podcast, the final clips can be distributed on twitter and facebook, and can also be embedded into a wordpress blog or other blog. This makes it a great way for someone to listen to your digital broadcasts and to become a fan or follower of you which may help you increase your business.

Like every other type of social media advertising however, it is not without potential legal issues. Some of the issues that might arise are the following:

First amendment free speech issues (realize, commercial speech is entitled to less protection that regular political speech for example);

Defamation (slander of competitors, sometimes accidental or in the heat of a good podcast conversation);


Right of publicity of a third party you discuss on your show (i.e. using the name, image, or likeness of another for your commercial gain without consent of the person. In California, everyone has a potential right of publicity, so this is an important factor to consider and have reviewed before storming forward blindly with your cutting-edge real estate podcast topics;

Potential copyright infringement for quoting long passages of another persons copyright works (public performance issues);

Providing false and misleading information including false advertising

ATTORNEY STEVE SAYS: These are five of the top podcasting legal issues that might arise, but there are others. We maintain a blog called InternetLawyer.tv where you can find more information to stay abreast of this cutting edge topic.


(6) Real estate domain name disputes

The domain name turf war is as hot as ever. While .com and .net real estate domain names have been the subject of a great number of domain name and trademark disputes, there are new domains coming out now that make it likely that real estate domain name disputes will be around for a long time to come. Some of the new domains that are out, or coming out in 2014 and beyond include:

.co .biz .ca .guru .tv .realestate .realtor

Getting a good domain name that is short, easy to remember, and possibly based on the amount of search traffic the keyword gets can be very important. But many real estate brokers I have met dont seem to care much about, or understand, the importance of having a strong brandable name that you can get a trademark on. For example, how many real estate companies do you know that can say they have a federally registered trademark? Getting a good name that you can use in your marketing and advertising, which also has search traffic and which also has the ability to be trademarked is very important.

Because so many companies have just formed LLCs or corporations that get approved by the Secretary of State, this is not to say you can get the domain, or even get the trademark. Before you put a ton of time and investment into a name, you should get legal counsel to review all aspects of the name you have chosen. Choosing a unique domain name is thus very important. The biggest concern aside from having a name that you cannot get a trademark in, is having a trademark owner accusing you of infringing their mark. At that point, you have a serious business issue on your hands and potential trademark infringement liability.


ATTORNEY STEVE SAYS:

If you are starting out a new real estate brokerage, we can help you review and search for a good domain name that helps you carve out your turf. This is one of the most important things you can do for your business and yet so many brokers do not

even think about this. We can help you both a federal and common law search, search of the USPTO website (United States Patent and Trademark Office) and help you get a company name and domain name that will best serve you.

The new launch of the gtlds (generic top level domain names) will create many exciting possibilities, but will also create conflicts, domain name disputes (ICANN proceedings then being required) which we can help you with as your real estate social media lawyer.


(7) Internet defamation issues for real estate brokers, realtors and sales agents

With the growth of social media networks such as facebook, twitter, activerain, youtube, better business bureau, yelp, yahoo reviews, google reviews, and a whole host of other social media websites and consumer gripe sites the issue of internet reputation, libel, slander and other online defamation has taken the stage, front and center. Customers that are upset on a real estate transaction or angry about the way they were treated by a real estate agent might find a easy way to vent by going on the internet and trash talking about the broker, realtor, agent or company. When this happens, naturally you want to try to set the record straight.

This sets the tone for the most important aspect of all TRY TO RESOLVE YOUR ISSUES WITH YOUR CLIENTS SO THEY DONT FEEL THE NEED TO DISPARAGE YOU ON THE INTERNET.

This means sometimes you need to swallow your pride, check your ego at the door, and yes, sometimes admit you are wrong (even if you arent). It can be very helpful to use the word sorry now and then, if nothing more than to appease an angry client who sees the world from their vantage point obviously there are two sides to every story. But the point is that bending over backward to resolve a problem before it bubbles to a head creating an opportunity for internet defamation will likely be the best move you can make.


That being said, sometimes you cant control the angry client, or even the shifty competitor who wants to take pot shots at your business in the hopes of disparaging you to hopefully build their business. In these circumstances, where you have defamation online (ex. a false and deceptive posting, that you can basically prove is false, and which you can prove has caused you damages) you may have a case worth pursuing in a civil court. Now, that being said you need to be aware that the courts are going to protect opinions (i.e. people have a first amendment right to voice their opinions and experiences with your real estate firm, and of course most people know that truth is a defense to defamation. So before running to court to file an internet defamation dispute, you need to consider whether you will be the subject of an anti-slapp lawsuit, wherein you could end up paying the wrongdoers legal fees because you were basically seeking to curb their legitimate speech rights.

ATTORNEY STEVE SAYS: When you feel the rubber has hit the road, and you are facing false, defamatory, tarnishing, or other statements putting you in a false light on yelp, google, activerain, or other social media websites, contact our office to review your case. In some circumstances we can send a letter out to

the defaming party and request a take down in the face of a civil lawsuit. In other circumstances, you may have to take other measures to remove or lessen the effectiveness of the attack on your real estate business.


(8) Real estate crowdfunding

Real Estate crowd funding is a new topic coming of age and which promises to get more interesting. Crowdfunding is basically having a crowd fund, or invest in a real estate project. President Obama signed into law the JOBS Act which was supposed to authorize the SEC (Securities and Exchange Commission) to write new rules allowing certain companies to create crowdfunding portals and to solicit investments from parties who will invest in, for example, a commercial building in Phoenix, Arizona. Shares of stocks would be sold to the parties, and an investment vehicle would be born.

There is some question as to when these new rules might take hold, but there are already real estate crowdfunding companies ramping up and getting ready for the ride. Such companies include:

Fundrise.com RealtyMogul.com Crowdstreet.com Realtyshares.com

Hundreds of more of these real estate crowdfunding portals are expected to launch in the near future. Some people have their doubts as to how effective real estate crowdfunding will be, but the future seems promising to me.

ATTORNEY STEVE SAYS: Our firm plans to be heavily involved in the real estate crowdfunding once SEC finalizes rules. Stay abreast of all developments in this area on our VondranLaw.com business & real estate law website.


(9) Protecting your real estate firm trade secrets and other intellectual property

The Brokerage business is very competitive. Brokers are often competing for the same customers, and companies are often fighting each for new employees and agents and trying to lure one agent away from another real estate office. Given these realities, it is important to understand, identify and protect your real estate brokerages trade secrets and take reasonable steps to keep them private. For example, you may have a lead generation technique that is proprietary to your real estate business and which gives you a competitive advantage over your competitors.

You may also have cultivated customers lists that you believe provide competitive advantage to your business and which is not generally well known by the competition. In these circumstances, you may have protected trade secret rights that that you can enforce as a type of intellectual property. It is extremely important to be able to identify what types of products, services, techniques, processes, etc. that you have that may be entitled to trade secret protection.

ATTORNEY STEVE SAYS: You need to let all of your employees, agents, licensees, realtors, and other persons such as unlicensed assistant know what you consider to be a trade secret and inform them of the need to maintain the secrets of the firm. A system should be set up to limit access to the secrets and a employment policy

handbook should discuss your trade secrets program and how they will be enforced when an employee leaves the real estate firm. We can help you set up a trade secrets program that will aim to protect your most valuable assets. If you have anything that you think is akin to the Colonel Sanders secret recipe that needs to be protected, dont rely on your own knowledge to get it done, use a real estate and intellectual property law firm.


(9) Protecting your real estate firm trade secrets and other intellectual property

As to other intellectual property you should consider protecting are the following:

1. Blogging content you create (register copyrights) 2. Podcasting content (register copyrights) 3. Pictures, Images, and Logos you create (register copyrights) 4. Mobile applications you develop (Copyright and perhaps patent rights) 5. Books and Guides you create (register copyrights) 6. Software programs that you custom design for your firm (can be subject to copyright and perhaps a software patent) 7. Business methods you have that are new, unique and non-obvious which might be worthy of obtaining patentable rights.

These are just some of the things to consider. Intellectual property such as these, and even including trade secrets, and internet domain names, trademarks and copyrights can bring tremendous value for your real estate company, and can be a strong factor making your business more franchisable.


(10) Final miscellaneous e-business tips from Attorney Steve

At the end of the day, a real estate company is just like every other business out there fighting for existence, fighting for brand share, and fighting to be the niche authority. The key to me, to building a great brand is to be banging on all cylinders. What does this mean? This means you are banging it as far as product knowledge, banging in out as far as being the thought leader in your niche, banging it out as the niche authority and banging it out when it comes to customer service and using technology to win over customers for life. This is the challenge. To make the interaction with the firm so enjoyable, profitable, easy, and successful that the clients want to come back and do more business with you, post endorsements on your social media websites, become fans, friends, and followers of your branded business and to send you over the valuable referrals.

By understanding the simple steps and issues set forth in this Attorney Steve Real Estate Success Guide you are well on your way to picking your niche, blowing it out, and dominating it. Once you own the turf and have farmed it, you can consider perhaps farming out into another area. Thats how you build your route.

Have your plan, execute, and blow it out.


ATTORNEY STEVE SAYS: The most important asset you have, right now, is your brand. Think about it, what does your brand stand for? Service? Style? Thought leadership? Culture? Aggressiveness? A good company knows what its strengths and weaknesses are and seeks to improve on their weaknesses and

keep their guest gifts sharp and effective. We can help consult with you as to the best way to help build your brand with great content, killer promotions and sweepstakes, blogging and podcasting law that makes no threat to legal violations, and instead is a fun way of strutting your stuff making podcast content that can be used on all different types of social media websites. In a way, you are simply building your celebrity, and becoming a public figure people want to meet and do business with, especially when people like your videos and podcast. Social media then starts to get real fun, and builds great momentum for your sales organization and sets the foundation for the growth of your real estate empire.


OUR E-BUSINESS, INTELLECTUAL PROPERTY, & ENTERTAINMENT LAW SERVICES

1. Corporate formation & LLCs2. Partnership agreements3. Trademark application & litigation4. Copyright registration & clearance5. Domain name disputes6. Buying and Selling Domain names & websites7. Data privacy law & privacy policies8. Trade secret protection & litigation9. Unfair business practices10. Online defamation / disparagement11. Social media policies12. Crowdfunding law13. Podcasting law14. Blogging law15. Social media marketing review16. False advertising17. Franchising issues18. eBook rights & royalties19. Music law 20. Entertainment law contracts21. Software law and mobile applications22. Virtual reality & gaming law23. Rights of publicty24. Arbitration25. State and Federal litigation


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6. Podcast - MASTER YOUR DOMAIN WITH ATTORNEY STEVE PODCAST

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Want to learn about starting and running your eBusiness, from picking a good domain name, to promoting and protecting your brand online? If so, this show is for you! Attorney Steve Vondran and his wife Lisa have built a successful legal business due in part to their success in internet marketing and social media and they will share their challenges, trials and tribulations with you and will discuss legal issues involved when you seek to Master your Domain and grow your online business.


For more information please contact us at (877) 276-5084

This eBook is a publication of The Law Offices of Steven C. Vondran, P.C.

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