ePERKS Sues Blogger

Click the link for my original post about the real estate lead generator that sues a blogger.

When I wrote that post Vlad Zablotzkyy had not received any papers yet from Ben Behrouzi. Well, now he has. ePERKS went through with its threats of a lawsuit.

And the real estate 2.0 crowd is up in arms. There are many bloggers around the nation that are coming to aid Vlad in his defense. We don’t feel the lawsuit has merit but that’s just a part of it.

The lawsuit was filed in California and Vlad lives in New Jersey. Vlad has to hire lawyers to defend him and fly out to CA. Will it be a quick court appearance or multiple visits? No one is sure at this point.

Fellow real estate agents, mortgage brokers/loan officers, bloggers and anyone else that values our freedom of speech is asked to donate whatever you can for Vlad’s defense. It will all add up so don’t be embarrassed if you can only give a few bucks. Go to the Paypal button on the top right of the sidebar on this site that is under the CENSORED? eJERKS logo.

We’ve got to show this lead generating company that it should not bite the hands that feed it (and I hope the action of this company will cause its demise). Clicking the eJERKS logo top right of this page will bring you to the popular Bloodhound Blog which has all the information and links you’ll need to see just how this company is run.

Real Estate Blogger Being Sued by Lead Generator

This might not seem significant for a real estate buyer and seller but I think it should be.  Most do not understand exactly what lead generating sites do.  In a nutshell, these sites are created to appear at the top of search engines when buyers and/or sellers do a real estate related search on their search engine of choice.  Because of the deep pockets these lead generating sites have (such as HomeGain, House Values and more) they appear at the top spots in the search engines.

Buyers and sellers don’t know what kind of sites these are and fill out forms to get more information.  What happens with their information is that it is sold back to the “local real estate agent” that will then contact the potential buyer/seller.  What prospects don’t know is that the agent(s) they’ll be referred to are paying a pretty penny to get these “leads.”  Yes, that’s exactly what you are - a paid-for lead.

I tried this many years ago (before I had my own websites) with HomeGain and another company.  I lost over $1,200.00 on HomeGain and didn’t get one good, qualified lead.  The other company was a pay-for-lead type of situation and I actually got credited for a bad lead or two until I simply stopped accepting any of their leads as once again, I did not get one good lead from them.

That’s just an explanation to non-real estate agents so they can understand what these lead generating sites are about.  Now for the story.

A real estate blogger is being threatened by yet another of the many real estate lead generating sites, ePerks.  You can read about it here: Real Estate Blogger Being Sued by ePerks (be sure to follow all of the links so you can get the whole story).  The blogger being threatened is Vlad Zablotzkyy and his original post about his personal opinion of ePerks was followed by comments from others that feel burned by this company.

There was also a barrage of anonymous positive comments popping up coming from the same ip address (same computer network).  Vlad figures these came from ePerks employees.  Read through the entire story from the link posted above to get all of the threats and downright nastiness posted against Vlad by once again, someone that would not post their identity, making true libelous allegations against Vlad.

Why am I posting this in a local real estate blog?  Because ePerks believes they can overrule our First Amendment rights by threatening a lawsuit against one person’s opinion and the fact that the person posted his opinion on the Internet.  ePerks tried making a deal with Vlad by having him remove all offensive comments, posted by other people who had bad experiences with ePerks, too. 

Vlad certainly has the capability to remove those posts but why should he?  Why should he be strong armed into censoring his blog from real people’s experiences with this company?  Is this not the United States of America where freedom of speech is so revered?

Will this lawsuit actually be brought forth?  Although Vlad received a letter from an ePerks attorney asking him to cease and desist he has yet to receive any court papers.  However, this has definitely affected Vlad and his family.  If this case does make it to court it will cost Vlad money to defend himself.  He has had many sleepless nights over this.

Will ePerks win such a lawsuit?  Seems highly unlikely to me.  Vlad was stating his opinions and others followed.  If this right cannot be held up in our own courts then we’re all in big trouble.  The Internet is here to stay and we’ve seen similar situations, although I haven’t followed up on any of them (a developer was suing a real estate agent for defamatory statements made on a blog).  Some other company sued a blogger (non real-estate related).  Another suit by a website traffic generator against a blogger was thrown out.

It is many people’s opinion that these lawsuits simply bring more negativity to the plaintiffs than the little guys who made a blog post or two about it.  In Vlad’s case, his blog is not considered the top 50 real estate blogs so doesn’t get the amount of traffic that the top blogs would get.  What kind of damage would Vlad’s opinions (and others who commented) really cause ePerks?

In fact, ePerks actions is creating quite a backlash towards them in the real estate community.  Real estate agents and others in the field are banding together to get the word out.  Some are wishing they could have read about ePerks before shelling out their own money to them.  There are now negative posts on top blogging sites and platforms such as Active Rain, Bloodhound Blog, Agent Genius and many more.  Hopefully, the word will keep spreading.

Remember, folks.  If you’re looking for a local real estate agent on the Internet, do a search and don’t fill out forms on these large portals.  Look for a few websites run by local agents or brokerages and find the site you find is the best (easiest to use, offers the most information such as a full MLS search such as this site, etc.). 

Keep in mind, if you continue using these lead portals it might cost you more down the line.  You might be contacted by agents that can’t generate their own leads and might not be up on today’s market and that’s why they pay for these services.  So you might be paying in the long run yourself by utilizing these lead generating portals.   

Help Save the Costa Rican Squirrel Monkey

Are these guys cute or what? These squirrel monkeys, named Mono Titis, are becoming endangered as their homeland becomes more and more popular for new construction. Costa Rica is becoming a true hot spot for vacationing and building for ex pats.

I am part of a group that is sponsoring a raffle benefiting the Eco Preservation Society. Please purchase a raffle ticket (or four) to help these sweet animals.

Tickets are one for $35.00
Four for $100.00

Visit the Mono Titi Raffle Website to make your donation via Paypal.

The winner receives an awesome website package worth over $5,000. However, only a real estate agent can get the site. But please, if you love animals and nature consider donating even if you’re not an agent.

In fact, I will rebate your donation if you win as a trade for the website. Please go to the donation page now as the raffle ends June 1st.

Mono Titi
Photo originally uploaded by c.cobb

Spring in Chicago…

Our first Spring day yesterday was wonderful.  You didn’t really need gloves or a scarf.  The sun was shining and many went out with lighter jackets than normal.  Although I like summer and warm days, yesterday was a nice respite from our snowy, cold winter in the Chicago suburbs.

I woke up this morning to get ready for a listing appointment.  I had to answer the door as we were having our bathroom remodeled and the workmen were early.  I had to do a double take when catching the outside and the - no it can’t be - snow covering the ground.

I had heard the weather people talking about snow but I guess I was hoping they were teasing us because it was just such a nice day yesterday.  Nope, they were telling the truth. 

And I have been e-mailing with an agent from Arizona about purchasing a rental condo out there.  This gives me a little push to go forward with my search.  I loved snow and winter when I was young.  I’m no longer young and I can truly say that I hate winter. 

I would never leave IL behind as I have kids and grandchildren here (one grandchild lives with us).  But I sure look forward to being a snowbird, or as my Mom (who lived in Mesa for 20 years) referred to as “those damn snowbirds.” 

Always trying to stay positive, I was worrying about changing some of my listing photos showing snow and now I don’t have to be in such a rush. 

Tinley Park Mom Has Charges Dropped

Tinley Park has been in the news lately! However, the actual event took place in Crestwood in a Wal-Mart parking lot. The Mom, 36 year old Treffly Coyne, was out to do a good deed this past December. She packed up her three daughters to head to the Salvation Army kettle so they could donate $8.29 in coins.

When they arrived, little 2 year old Phoebe had fallen asleep in her car seat. Knowing the donation drop-off would take mere minutes, Treffly parked at the curb, locked the door and put the hazard lights on. She took the other girls with her, leaving sleeping Phoebe alone. The car was about 30 feet away.

But on her way back to the car she was stopped by a Crestwood police community service officer who arrested her for child endangerment and obstructing a police officer (I don’t have any detail on that one). The child endangerment charge is a misdemeanor. I’m sure the only reason he noticed was because of where she parked the car and at most should have given her a ticket for parking in a non-parking zone. This probably wouldn’t have happened had she parked in the lot itself, but then the car would most likely have been farther away.

Because of this charge the Coynes have been visited by DCFS to make sure they’re running a safe household for their kids. They are now on “the list.” Can you imagine that? Have you ever left a child in your car for a very brief moment?

It’s easy when reading or listening to the news to have that holier than thou attitude but when you really think about it, I’m sure a lot of people have done the same thing. For instance, say you’re dropping off mail and your little one just fell asleep. Come on, it takes less than a minute and your child doesn’t even know. For inquiring minds, here is the law:

In Illinois, parents who leave a child unattended in a car for 10 minutes can be charged with misdemeanor child endangerment, which carries a penalty of up to a year in jail and a $2,500 fine.

It doesn’t sound like Phoebe was left alone for 10 minutes. Some have commented that it only takes a minute for a thief to steal a car. Is that true? Would it only take a minute to case the parking lot, see this family leave their car, go to the car and have enough time to break into it? Would this be done within 30 feet of the family? The car was locked so we’re not talking car jacking here, although that could have happened to them no matter where they parked if there was a car jacker in the midst.

But why take the risk? Because she felt she was close enough to her car and knew what she was doing was going to be quick. The odds were certainly in her favor that nothing would have happened. However, this wasn’t her day after all as Mr. Officer noticed.

And now Cook County prosecutors agree that this was not a criminal act as they are dropping the charges. Today was Treffly’s court date but prosecutors state that the evidence did not support the charges.

But at what cost is this victory? Her daughters witnessed their Mom being arrested. I don’t know how the arrest went down but I’m sure it was emotional. Being investigated by DCFS, being the center of a story regarding child welfare and now being on DCFS’s watch list. What a nightmare! I only wish she could receive some kind of restitution for what sounds like a false arrest. I wish the Coyne family the best and hope they can get their lives back now.

A Tragedy, A Recovery and a Reminder

Once in a while I find a story that isn’t related to real estate or the southwest suburbs and I need to write about it. This one is about a little Palos Heights boy, John Dytrych, who spent 75 days in the hospital with only a 20% chance of surviving. He is recovering but does suffer from physical problems that require him to wear leg braces and he needs speech, physical and occupational therapy.

This all happened on January 24, 2007, when John’s Mom, Carrie, left John (then 21 months old) alone for a short time sitting in front of the tv. This is a family of four kids and at first when we read stories like this it is easy to blame the so-called negligent parent. Now, if you’re the most perfect parent in the world then I guess you could place blame. But with just three children I have not had my eyes on my kids every single second of the day. My goodness, we’d have to huddle them all together to accompany us to the bathroom every time we had to go, and that could be pointed out as another form of neglect!

When Carrie came back into the room she saw John holding one of several kerosene lamps that had been on display for 15 years (they were wedding presents). Her first reaction was that John would drop it. But soon after John passed out and that was the beginning of a long ordeal.

John was rushed to Advocate Hope Children’s Hospital in Oak Lawn. His doctors are surprised at his recovery as expectations were so low. John is expected to recover fully and I wish he and his family the best.

I kept a kerosene lamp around when my children were young and we even used it. It blended in well with my antique decor. After reading this story, I thank my lucky stars that none of my children decided it looked good enough to drink! We just don’t know how children see different things.

This is just a reminder that if you have children or grandchildren (like I do), you might need to go through the house and make sure all poisons are well out of reach. And you might have to rethink certain items, such as a kerosene lamp, that you wouldn’t even consider as a poison.

Cook County Potholes Galore

Mega-Pothole, closeup Originally uploaded by Eloise Mason

You can tell it’s been a rough winter by all of the potholes in the streets in the area. I did some driving today and couldn’t believe the bad shape of our roads. Southwest Hwy., Cicero, Harlem, 131st St., 143rd St.; every one of these streets had bad potholes. There was a lot of swerving done by drivers on these roads.

There was a huge hole on Cicero & Southwest Highway that is probably not visible at night and looks like it could cause some damage. A few weeks ago I was showing Frankfort IL real estate at night and hit a huge pothole. My tire went flat immediately. It was so damaged I had to buy a new tire but at least I didn’t damage the frame. A guy at the nearest gas station said he had hit the same pothole and had even worse damage. We both should have probably notified Frankfort but I’m not sure who is responsible.

Is the city liable or is it the county? I did a quick search and could not find an answer. I know the City of Chicago has it’s own public works department that takes care of potholes in city limits. So who is responsible for some of the main streets like Harlem, Cicero, etc.?

If you damage your car (I have special tires that had to be ordered) can you expect some kind of payment? It’s too late for me, I should have reported it immediately. I can’t even remember the exact street I was on now as it was dark and we were using the GPS to find the newer subdivision I was showing a townhouse in.

Not only do these potholes cost car damage that someone has to pay for, but I believe they can be dangerous. I wonder how many accidents are caused by someone trying to avoid a deep gap in the road at the last minute. Be careful out there!

Tinley Park Tragedy

I want to acknowledge the five women who lost their lives in such a senseless, brutal way in the shooting deaths that occurred in a Lane Bryant store in Tinley Park, IL, supposedly from a botched robbery. I also want to share my joy that one of the six victims survived. Hopefully, she will be able to give enough details so this callous criminal can be apprehended.

This horrific event affects everyone; Tinley Park residents, all the Chicago suburbs, all of Illinois and the nation. We are so shocked because something like that doesn’t happen here.

This brings back memories of the Brown’s Chicken massacre that occurred in Palatine, IL in 1993. No one was brought to justice until May 7, 2007, when one of the criminal pair, Juan Luna, was found guilty. He was sentenced to life in prison. It seems like the other perpetrator, Jim Degorski, is still awaiting trial.

I hope it doesn’t take as long to find the Tinley Park murderer. I offer my condolences to the victims’ family, friends and acquaintances. It will take a long time for everyone to heal. Hopefully, they will find some closure and sooner than it took for the Palatine case.

Southwest Highway Finally Open

I’ve been meaning to post this. A couple of weeks ago as I was showing Orland Park real estate I noticed the blockades were down. I was tempted to drive through but I wasn’t sure it was completely open and was running a bit late so I didn’t take the chance. So on the way home I checked it out and saw that the work was finally finished and we can once again travel through to 143rd St.

Last week I was showing Tinley Park real estate and needed to get to Oak Park Ave. There has been construction going on there but I was happy to see that it was also finished so you can travel both north and south on Oak Park Ave. driving north of 159th St.

We take some of these streets for granted and it’s tough when they’re closed down for such a length of time. I rely on Southwest Highway a lot and when I couldn’t travel north on Oak Park Ave. I really had to go out of my way. When you travel like I do to show properties it makes a huge difference when streets are under construction.

2007 A Record Year for Judy Orr of Classic Realty Group

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