BrokerageIndustry News

FSBO Web site seeks to overturn N.H. real estate law

Lawsuit is similar to successful challenge in California
Published on Jun 14, 2006

A lawsuit filed this week in U.S. District Court in New Hampshire charges that state real estate law related to the display of property information on a Web site stifles consumer choice and First Amendment rights. The Massachusetts company that operates ZeroBrokerFees.com, a site that features for-sale-by-owner property ads, alleges that a state law requiring it to obtain a broker's license is unconstitutional. The company has asked the court to block the state attorney general and the state real estate commission from enforcing the law. ForSaleByOwner.com, another site that offers for-sale-by-owner property ads, won a similar case in California in 2004. The New Hampshire lawsuit notes that state law makes it "unlawful for ZeroBrokerFees.com and similar businesses to operate in New Hampshire without first obtaining a real estate broker's license," even though the company does not represent individuals in real estate transactions. According to the law, the company is subject to licens...

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