BrokerageIndustry News

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

Lawsuit is similar to successful challenge in California

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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, 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., 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 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...