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Californian Loses Challenge to Nebraska Real Estate Law

Judge Joseph  Bataillon
Judge Joseph Bataillon

LINCOLN, Neb. (AP) — A judge has dismissed a California real estate broker’s lawsuit over a Nebraska law requiring licensing to market Nebraska homes online.

Leslie Young’s lawsuit said that advertising “for sale by owner” homes online was constitutionally protected speech. Senior U.S. District Judge Joseph Bataillon (buh-TAL’-yuhn) disagreed in a ruling issued last week, saying the issue was regulation of conduct, not regulation of free speech.

Her Elist.me website features advertisements for properties listed on ForSaleByOwner.com. The lawsuit said she merely publishes information about the listings, doesn’t get a sales commission and doesn’t provide other services to homeowners.

But Nebraska’s lawyers say in filings that she charges a fee and provides sellers with a CD containing information and web links.

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