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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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A picture of one of my buildings/businesses was displayed

Customer Question

A picture of one of my buildings/businesses was displayed online by a realty company saying that it was in foreclosure. It was a full view of my building and stated "address not disclosed and call for price". It was online for 75 days before it was finally brought to my attention by an employee that was in fear for her job. After a few phone calls it finally has been taken off line but I feel the damage has already been done. Do I have any recourse against this realty company for loss of business and or employment?
Submitted: 4 months ago.
Category: Legal
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You could, in theory, sue for a form of libel/slander/defamation. I've never seen one close to these facts but it certainly fits the concept.

The problem you may have is that the case, while viable as far as liability, may not be economically feasible. You have to hire an attorney for a case like this because the issues are extremely complex and will require a lot of research and briefing. It is unlikely you will find n attorney that will take the case on a contingency basis and so you are likely going to spend $5000-10,000 on attorney's fees, possibly more, and attorney's fees are not a recoverable element of damages in slander cases.

In addition, it is often very, very hard to prove actual damages in slander suits. Possible, but very hard.

However, keeping all of these things in mind, people file slander lawsuits every day "to make a point". You just have to decide if the point you want to make is worth that much money.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 4 months ago.
Thank you.
Expert:  Dwayne B. replied 4 months ago.

You're very welcome. After you issue your Positive Rating then the question will lock open and you can come back anytime in the future for follow ups. I've found that on slander issues many people think of questions a day or two later so, if you do, then drop back by and post the follow up.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.