Websites that allow users to create their own personal blog pages hosted on a large central site, free of charge (Blogger, Live Journal, etc.), as well as blog sites of other organizations, have become increasingly popular in recent years, and many industry members are taking advantage of the marketing opportunity they present. Other industry members have created blog sections on their websites. These industry members use their blogs to promote their business, give updates on their industry and the market, and sometimes to give personal opinions about the industry or about other people or companies in the industry.

Industry members have an obligation to not make representations or carry on conduct that is reckless or intentional and that misleads or deceives any person, or is likely to do so [Real Estate Act Rules, s.42(a)]. In addition, industry members must not engage in conduct that undermines public confidence in the industry, harms the integrity of the industry, or brings the industry into disrepute. [Real Estate Act Rules, s.42(g)]. The information represented on a blog by an industry member, while holding oneself out as an industry member, falls under the jurisdiction of real estate legislation.

Industry members need to ensure that what is said on their blog meets the requirements of the Rules.

An example of a potentially misleading or reckless blog is where an industry member posts a rumour on their blog about his competitor that the competitor is under investigation by the police for mortgage fraud again. The statement that the competitor has in the past or is currently under investigation for mortgage fraud is found to be false and was just a rumour. The industry member that posted the blog can be held accountable for their actions by RECA and possibly the courts.

A second example of a potential problem on a blog is where an industry member makes derogatory and/or racist comments about a minority group or individual and also identifies themselves as an industry member. 

The best practice for posting information on your blog is to verify that it is true.

Remember that a blog on an industry member’s website is also a blog of the brokerage. Brokerages should have policies and procedures in place for the management of industry member blogs.

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