BrokerageIndustry News

Appeal unresolved in online FSBO ruling

California still considering next step
Published on Nov 30, 2004

The state of California has not yet decided whether to appeal a federal court ruling earlier this month that found a real estate law violates First Amendment rights. The Sacramento court decision, by U.S. District Court Judge Morrison England Jr., found that it is unconstitutional for the state to demand that Web sites obtain a real estate broker's license to publish real estate ads and information while exempting newspapers from this same requirement. Tom Pool, a spokesman for the state Department of Real Estate, said this week that the state is still considering whether to pursue an appeal. A meeting is planned between state legal representatives and California Real Estate Commissioner Jeff Davi, Pool said, and the state has 30 days to respond to the judge's decision. Davi, owner and managing broker of A.G. Davi Ltd. since 1989, was appointed as commissioner in October. He served as state director of the California Association of Realtors from 1994-97 and from 2003-04. June Barlow, ...

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