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Lucas,
My vote of support goes to you. I think you have been doing a great job expressing your opinions, getting people involved and fully utilizing your market knowledge. Please do no stop.
All the best,
Lipe
I think the sad thing is that whatever the rights and wrongs (i.e. defamation or not), whether this is david vs goliath and so grossly unfair – the sad sad fact is that if it comes to suing a realtor (and EWM) to try and save your business when all others around you are straining and crumbling is such a clear indication of how far into the Emergency Room the Miami real estate market really is.
Tibor may not have filed BK during the last downturn but it sure looks as if he is well on his way now…..this truly reeks of desperation and shows a complete lack of confidence in his own project. I still remember the ground breaking party at Villa Magna about 2 1/2 years ago……Great Party!!……..Just when are we going to begin construction on this cash flow killer? If Tibor had any class he would donate that land to the city and give the residents of Brickell a small waterfront park as it will not be worth developing during the rest of his lifetime. Hang in there Lucas I think free speech still exists in the USA.
Shame on EWM and Hollo!
Hi
I just saw the yahoo news segment. Please fight this to the utmost. Get ACLU involved.
You have every right to write your opinion in your own blog !!!
Binoj
So, are they suing CBS also? What if a newspaper makes the same mistake? What about a retraction?
Lucas,
Just saw the CBS4 segment on yahoo. I cannot believe that this real estate developer is actually suing you for expressing your own opinion on your blog! Unbelievable!!!
This is ridiculous. Clearly a sign of desperation on the developers part. In the segment, he mentions that your scaring the community with your comments? What a dumb statement! If anyone is scarring the community, its the developers and there shady tactics.]]
Just letting you know to fight this all the way because this fight is not only about real estate opinion blogs but i feel this will determine and set a precedence for all other free speech cases, at least free speech on the Internet(s).
I just came across the Opera Tower suit on Yahoo before checking on your blog (which is a daily ritual for me now). The developers reek of desperation and need to acknowledge the economic reality. As for your employer and you parting ways, I think that you are nothing but sheer “QUALITY” and you’ll land on your feet once the dust settles. If I were in the market for a Miami condo; I’d be knocking down your door to secure your services. Hang tough, bro!
spineless move on the part of EWM to not support you.
You may want to get some legal advice and keep your mouth shut until doing so. Yes, this country has free speech. However, you need to get your facts straight and cannot say someone filed bankruptcy in their past if they did not. It is kind of petty filing the suit and if EWM is owned by Buffet, they’ll get it thrown out. Regardless if you feel that you are right or wrong please realize an individual (unless extremely wealthy) does not want to litigate with a company. It’s a fallacy that the court system is always just. Sometimes it boils down to who has the biggest bankroll and can file the most motions, etc.
Open an Online Petition, I’m sure many of the world wide bloggers will sustain you. I will be one of them and I’m located in Romania / Europe.
Good luck!
Robert Z
I am with Robert, open an online petition.
I am a Realtor (R) highly critical of the Las Vegas High Rise resale market which has closed less than 20 units per month since the credit crunch and holds 9+ months of inventory on the rental market (with a valley wide absorption of an average of 3 months) and 4-7 years of resale inventory.
The cheerleaders (sellers) in this market are passionate and want me to shut up but there is NO APPARENT demand for people who actually want to live in these units. All you have to look at is the absorption for the rental and resale markets and then take a drive down the strip to see how many lights are on in closed buildings.
They are speculative investments and we are seeing the beginning of the foreclosures just now. The agents who sell this market claim they are cash bought but the tax records show a ton of conventional and private financing with adjustable rate mortgages.
I have never been critical of ONE builder or developer in particular but this whole market segment. This is the kind of stuff that wants to scare a person silent.
Lucas, your viewers support you. This case has no basis and is nothing more than a scare tactic.
”We want to encourage associates to be a positive source of information,” Shuffield said
Maybe someone who lost in the market can hold Shuffield responsible for bad investment advise.
Eventually people are wise enough to know when being fed a bunch of crap.
Keeping it real is what sets this blog apart from the rest. Keep up the good work Lucas
Things must be fragile for Hollo to pull this. Best of luck to you Lucas.
I love how Hollo is trying to point the blame for his terrible building and horrible business tactics on you. I think this blog speaks the truth, everyone knows that the opera tower is overpriced junk. the only reason he’s suing is because he has no money left. what a loser Hollo is……..and by the way someone should ask him about villa magna, another dud development brought to you by idiots in real estate. keep up the good work Lucas, losers like Hollo don’t ever end well.
Hi Lucas,
I live in Washington DC and bumped into your blog one day while I was looking for information because I’m moving to Miami. I’m not involved in real estate and am not even in the market to buy, nevertheless, I found myself gravitating to your blog every day. (This is the first blog I’ve ever kept up with.) Your candid way of expressing what’s happening in the market is compelling and informative. I was shocked to read about this new development and hope the courts see the merit in what you do. What’s the big deal, the guy can just ask for a retraction and that’s that. The readers will read the post, digest it, and move on. Magazines do that all the time (they post the ‘correction’ in the following issue). I hope this doesn’t dissuade you from continuing this blog.
By the way-any advice for us folks going into the brickell/south beach rental market?
Best of luck to you. We’re rooting for you!
Lucas, I support you all the way and will keep using your advice to buy my condo in Miami.
I find EWM’s reaction disgusting and will certainly never work with them as they should support their associates and not let them down.
When they say they did not know about your blog, it is just ridiculous…
As for Hollo, I think this will put him and his Opera Tower develop;ent in the public light for the real truth, and it will hurt !
The people are with you Lucas. Hang in there !
Sueing a blogger!!!
What has this country come to!
Does anybody not understand the constitution? A judge should dismiss this right away. $25 million for a blog post! LOL
And I understand you have no ill feelings to EWM, but I for one will encourage all my acquaintances to find somebody else from now on.
Realtors should not be brown nosing developers to that degree.
I have to tell you that I am very disappointed about the whole EWM thing, but not surprised. You have a lot of people backing you up, especially real estate bloggers.
Best of Luck Lucas!
We at Eyeonmiami posted your story on our blog. We are not happy about what is happening to you —
What crap. Blog on….
CALL THE ACLU!!
[…] Hollo in the Miami Sun Post last year, who has leveled a $25 Million Defamation Suit against a Florida real estate blogger. source Miami Herald: read full […]
RMP says: “Realtors should not be brownnosing developers to that degree.”
This may be the understatement of the year. Wait until the indiscretions of the in-house hacks at RCRS come to light and they have to pull their collective Pinocchio-length noses out of the “big guy’s” backside in order to hael save their careers.
Maybe Tibor wants the $25 million to re-invest in his own project like Perez is doing
**this is an opinion, and only an opinion and is not meant to discredit the developer or anyone involved!**
(is that what we’ll have to write on our blogs now?)
I am with you V. I am definetly not a blogger but find myself drawn to your website since I bumped into it a few months back. Stay positive and keep up the good work!!!
“I viewed these statements to be more negative in tone than just providing information,” Shuffield said, adding the firm wouldn’t have hired Lechuga had it known about the blog.
So EWM hired Lucas with no knowledge of his blog? I find this hard to believe. Mr Shuffield is either clueless or a liar. I suspect the latter. Regardless of which, I wouldn’t want him or his company representing me. I will be in the market to buy later this year and will make a point to steer clear of EWM.
Lucas I have a feeling this case is going to go to the supreme court.
All the real estate bloggers are with you. This is a matter of free speech being surpressed and its unconstitutional.
I am going to try and get this message out to other bloggers.
Hey Lucas-
Sorry to hear the crummy news. Just know your blog is the only up-to-date and honest source of info on the Miami condo market out there and is an invaluable resource. When the time comes for me to make a purchse, you’ll be the first guy I call. Hang in there.
http://techdirt.com/articles/20060606/0323235.shtml
Hang in there! I applaud you for expressing your concerns and speaking your mind. The Miami real estate is in bad shape and they can’t handle the truth!
Keep your head up!
You have my support as well. Blogging is supposed to be opinionated and Hollo seems to be tryng to minmize his loses or simply lay “blame” elsewhere for the condo’s failure. Why not blame a blogger for the fact no one wants to close in this depressed real estate market?
Why is anyone surprised by his company’s response? This is what ALL coporations do. They give in to anyone that complains, protests or files a suit. When was the last time you heard a corporation/company back their employee/worker? When a shock jock says something “offensive” on the radio, they fire them right away. Even though they made the stations millions of dollars along the way. This is what America has become. The pussification of corporations & Americans continues to happen all around us. Wake up people. Best of luck Lucas. Keep fighting, however, make sure you keep your weapons close to you and not in the news too much.
EWM is just like any other brokerage firm. They don’t want the truth about real estate to get out. Realtors association is even worse. The real losers are the people who purchased anything in Miami from 2003 on. Nothing but hardships coming. Good luck waiting for a return on your investment capital once your maintenance fees and taxes are paid.
As many people as possible should digg the Herald and CBS stories to get as much attention on this as possible. You no doubt have the support of the entire blogging community. This issue has very wide-ranging repercussions.
Think of what will happen if every blogger has to censor their posts for fear of legal action or posting a small error.
—–
That said, I do really feel that Lucas is the reason that the Miami real estate market is in the dump. If he had just followed the EWM “happy sunshine” policy, everything would be fine. Condos would still be selling like hotcakes, pre-construction parties would be raging on, and we would be at $3000/sq ft by now for downtown condos.
Things like economics and mortgage fraud don’t matter when you’ve got the power of positive thinking to overcome it. Shame on you for spoiling the party with your “realistic” view of the market.
LUCAS,
LIKE MANY OTHERS, I FIND YOUR WEB SITE EXTREMELY INFORMATIVE AND IMPARTIAL. FOR MANY OCASIONS WE SEE YOU POST DIFFERENT OPINIONS WITHOUT COMPROMISING.
KEEP UP THE GOOD WORK, I AM SURE YOU WILL HAVE MANY PEOPLE BACKING YOU UP.
BEST WISHES,
LB
Well, I am a BUYER looking in this market right now and have read this blog with interest. I for one will try to NOT buy anything listed by EWM if I can help it since it would appear from EWM’s actions they are NOT interested in looking after the BUYER’S best interests by aiding the silencing of this blog. Shame.
You need to do what is your best interest Lucas. Get a lawyer, don’t make further comments unless your lawyer says it is OK, and print the retraction or correction. It is a bogus lawsuit meant to intimidate. One thing is certain, as a buyer, I don’t want to by from underhanded developers…..and this action is so over the top that I won’t buy from this developer for sure.
The developer also has a long road to prove there are any actual “damages”. The current market is to blame for the slow sales….maybe he can sue the Fed!
Also, what goes around comes around. According to the newspaper article there have been 10 lawsuits filed against the developer already for whatever reason. If all the buyers each filed their own lawsuit I would suspect that that would be a heavy burden on the developer just like the developer is trying to do to Lucas. In the end, the developer is going to get hurt the most from filing that lawsuit…that is just my casual opinion. Maybe Lucas is an oracle and the correct should be to change the date to 2008? Let the legal filings commence….
[…] bookmarks tagged opera Opera Tower, LLC & Tibor Hollo Sues Me for $25… saved by 6 others iveyboyze bookmarked on 01/29/08 | […]
Protesting outside the development is still fair game…… Who’d buy from a shady developer. If I were a buyer I’d try to get out of my contract too………
This lawsuit is exactly what the developer shouldn’t have done. The negative publicity will only draw more attention to Lucas’ comments. Case in point, I spoke to a colleague of mine this morning and he mentioned that he has a contract at Opera Tower. They had every intention of closing, but after seeing the story on CBS4 last night, they are second guessing it.
You should counter sue for loss of job and income and many other potential harm they have caused you. Use your blog to update readers on the lawsuit and mediatise it as much as possible.
It is obvious Shuffield acted on legal counsel. Hollo is just after money with a frivolous suit and to make a statement.
EWM is not entirely Shuffield, but its 800 independent contractors who work really hard to make it happen for a buyer or seller. Who’s objective and proactive work make plenty of people happy and wealthy.
The opinion of one does not mean is the opinion of all in the company. After all, wasn’t Lechuga’s great information blog one of EWM’s agents?
So before you cut off EWM hardworking people, realize you are doing the same thing your are critizizing.
Lucas it would be wise of Hollo to drop the suit once Hollo sees the negative publicity on his own development.
No one has mentioned the detail work you do, it takes time to gather all that data and give it free at the same time you are running a bussiness.
This has been a tremendous learning experience for all; Hollo, the high court at EWM and you.
It always amazes me what a complete lack of understand of the first amendment most bloggers have. The only thing it protects you from is criminal prosecution from the government. (That’s the part where it says “Congress shall make no law”)
There isn’t anything in it that provides protection from civil consequences.
If in fact Lucas made an inaccurate “statement of fact” to support his “opinion”, and that inaccurate statement caused damages to the plaintiff, he absolutely can be held liable.
The first amendment has nothing to do with it.
Hello Luca,
As a real estate broker in Miami Beach and also a blogger, I totally support you.
Your blog was always very interesting and your opinion just fair.
It is really a lawsuit to silence you, and it was bad played by the developer. It will show his development in a very bad light now.
Anyway his building wasn’t in my favorites, and everytime I pass by I am thinking that this will be a very nice solution for the affordable housing we badly need in Miami.
I wish you good luck. He brought you too a lot of publicity. And a bad publicity for himself.
Best regards.
[…] The blogger’s statement is here. […]
Lucas,
I have to say your blog is the best informative by far. This blog is part of my coffee break. Just hang in there and the truth will come out. Developers are desperate and they would do whatever they can to stop people like you from passing nothing more than what is REALLY going on around here. You have a vote here buddy.
To Support – I think he was just recently employed at EWM, so the blog it not a product of some sort of good, open and honest culture at EWM. I stand firm to not deal with EWM now. Nor with anything done by Hollo unless he settles this tomorrow.
It’s my own personal boycott of shady real estate people. Maybe others will agree.
Also, high stakes real estate development is a risk. If Hollo had to turn over some of his properties to a bank in the past, that at least qualifies in layman’s terms for bankruptcy (someone who has insufficient assets to cover their debts)….it may not be a complete liquidation of everything, but it is what it is and happens in a boom bust cycle.
To Buyer Tom – That is the point. Lucas never said he filed for bankruptcy. He said he went bankrupt. There is a difference between filing for bankruptcy and saying someone went bankrupt.
To Support – IF you are working for a company that publically says they do not want their agents to be honest, then you are sort of supporting their statement. IF you work for them, then you are saying you are behind them. I know it is not easy to just get up and quit, but sometimes you have to stand up for what you believe in. IF you are behind them after they say something like this, then you are just another example of the pussification of America.
Is there a DIGG link to the herald story?
i’m sure any attorney will tell you to keep this blog dormant. best of luck…and ONCE you beat this, the consumer will be on your side, possibly tremendously growing your business…
this is a great example of how pathetic our corporate system has become: developer can’t sell so he sues someone…realty firm wants to run away from any kind of ‘trouble’ eventhough their realtor is in the right (how pathetic…great way to self-ruin EWM’s reputation…).
NEXT: New England Patriots owner Robert Kraft sues 14 year old’s blog for expressing “Tom Brady Sucks”. so pathetic…so so pathetic.
fight this to the end!
Keep the faith! The ACLU has enough money and power to fight this. I can’t believe someone gave the developer such bad advice. Great PR for you and terrible PR for the developer and his condo project. Having been in real estate for over 15 years I know the difference between what is good for your client and what is good for the developer! One of the first things you learn in real estate school is to be HONEST with your clients! Congrats on your honesty and concern!
Lucas,
You are making a name for yourself through this unpleasant process. Hang in there- you have a lot of support.
When you made the move to EWM, didn’t they state that they were aware of your blog and supported your views?
It would be nice if EWM stood by you and backed you. But I guess this matter had to be dealt with in a “stop-loss” manner. If the development business was not in the shape that it’s in – this would never happen.
Lucas,
You have my support. No way of knowing for sure, but I have a hunch this is actually a gift that is going to help you, provided you are successful in your defense (and I think you will be).
Also, sure, get some legal counsel but keep the blog rolling or the suit will have achieved one of it’s objectives.
And I agree with FD-Condo…: Bad move by the developer; not a very wise public relations manuever when looking at the big picuture. Just take a look at the environment we’re in. You will be portrayed as the victim.
Finally, I’m surprised that Greg (“It always amazes me what a complete lack of understanding of the first amendment most bloggers have.”) is so amazed; I figured top notch attorneys would know that most bloggers are not experts at the first amendment.
Good luck Lucas!
LUCAS….WE ARE ASSEMBLING A GROUP OF LAWYER’S TO COUNTER SUE ….ON YOUR BEHALF>WE WILL BE IN TOUCH AS SOON AS WE HAVE ALL THE LAWYER’S IN PLACE.THIS ONE WILL DEFINATELY BE A CASE THAT WILL ROCK THE OPERA HOUSE. GOOD LUCK…..
Fight it out!!
Lawyers shouldn’t be able to own cyberspace.
And if these snakes really do go to trial, by the time this goes to court that old evil developer should be about to croak.
I strongly encourage everyone click this link and get the DIGG effect going!!! This will bring the issue mainstream.
Sorry, HERE’S THE DIGG LINK!
Let’s make the frontpage!
http://www.digg.com/business_finance/Miami_blogger_is_being_sued_for_25_million
L. As a developers apprentice, I support your freedom to state your opinion.
A developer should stand next to his project and take the criticism the way an ARTIST does.
Blogging is clearly an opinion forum and a great innovation for communication. This is clearly an attempt to infringe on Free Speech.
As for the bankruptcy comment, you have a great blog receiving a lot of attention and gaining fans (me being one). Let’s make this an accurate blog; so we can share our opinions accurately.
Good Luck.
Lucas,
Haven’t read the bulk of the comments but I’m so sick and tired of this crap (lawsuits, whiners, those looking for a quick buck which costs all of us more money in the courts) that I could puke. I’m on your side and let’s hope frivilous lawsuits and attempts to dissuade free speech and opinions ends sooner rather than later.
Jason
Who wants to buy from a developer who does these heavy handed tactics? Not Me. Why not a call and ask for a correction first??? Who wants to close on their condo now if the market is that bad for this developement. Not Me. Who wants to get stuck with all the condo expenses when half don’t pay? Not Me.
Lastly, who wants to deal with EWM now? Not Me.
Tibor Hollo is suing because he knows he will go into bankruptcy anytime soon. LOL. That’s what greedy people get these days. Also, Lucas, I thought that nobody was losing their jobs in today’s economy?
This suit will come to naught – almost guaranteed.
You have no recourse against EWM, but you should be proud of what you do on your blog, and the fact that you support truth and justice over developers and fat pockets.
That’s wrong. Even if what you said is totally untrue, they should have no right to sue you. What a joke the legal system is. Blogs are opinions, not facts.
miamigirl – No recourse against EWM??? Now, he probably won’t do anything, but what they said was stupid. They didn’t know he had a blog? B.S. That is what Lucas was known for. They fired him because he was saying “negative” things? B.S. Most of what he said was his opinion and/or supported by facts. IF he wanted to he could go after them for firing him, but he probably won’t to make sure he stays “good” with the other realtors and to prove a point that all he wants is to defend his “right” to his opinions.
I say sue his employer and Tibor Hollo. I think Mr. Lucas Lechuga will make it into the record books. Lucas, go to http://www.fluidnow.com and start filling out your unemployment form. Welcome to the club.
Jo Co, I believe I was the one who said that. But you have to admit this was not a loss of job due to the economy directly affecting Lucas. However, this is one of the reasons the American public does not have faith in their employers.
Might not be directly, but you can say it was indirectly related. First, there is no way that his employer didn’t know that Mr. Lechuga had this site up. Second, a realtor would do anything to bring any business to themselves, to include posting personal opinions on this website to increase revenues. Third, his employer is now scared what the old rag “Tibor” might do to the company. Fourth, that lawsuit shows future potential home owners that the house market economy is not that stable.
The only thing I can say to Lucas is to counter-sue that old fart of Tibor Hollo for loss of sleep, loss job and whatever other crap you can think of. I’m pretty sure you can get a couple of millions out of that old rag and then you don’t have to sell anymore condos in this unstable GREEDY saturated house economy. Once you get those couple of mil, you can call me up and celebrate with this hard blue collar worker and vet., who can’t afford to buy his little condo in his birthplace town and live this so called, “American Dream.”
Lucas,
Try to settle for the top two floors at Opera Tower (condo fees and special assessments paid in full) and invite us all over for the celebratory party once you prevail.
Bill P
Can Lucas invite me?
Kevin,
I’m not so sure. I don’t think Bill P wants to be in the same room as you. 🙂 Maybe we can hide you in the closet or something though.
Listen
I was leaving the decision to Bill P. Further, Lucas, you know I didn’t leave those comments.
Sorry to hear about to the loss of your job, at EWM Realators. I guess they don’t realize what a huge group of loyal readers and potential customers that you have. We truely appreciate your honesty. I will never purchase a property through EWM or built by Hollo.
Does this mean I can sue realtors and bloggers that say untrue POSITIVE things about the market? There has been a lot of pump and dump and those “positive” people were lying…… At least Lucas tells the truth. Truth is a defense to defamation. And the truth about Opera going under may just be prophetic. Hollo shouldn’t shoot the messenger.
Bloggers Unite, Spread the Word!
If you like reading blogs or write your own, then this case demands your attention. It’s obvious from all the comments that this blog has a loyal following. I posted an article on our blog showing our support. Take a look …http://cityofaventura.blogspot.com/2008/01/25-million-dollar-blog-lawsuit.html
HELP SPREAD THE WORD AND DIGG THE NEWS…
http://digg.com/business_finance/25_MILLION_DOLLAR_BLOG_LAWSUIT
Duh, what was I thinking, Lucas is to blame for the entire real estate market. How stupid of me to think it was just part of the market cycle. Had Lucas just kept his mouth shut and sing pretty little praises that everything is alright, all the condos in miami would be worth twice as much..and the Opera would be worth twice as much. I bet Lucas also said something bad about the stock market too so he’s to blame for that too. Or it could be just that the Opera is overpriced. My guess is it is the latter.
Bill,
By the end of the year the top 2 penthouses at the “Opera Tower” isn’t going to be worth a million. I rather let Mr. Lettuce get the money and run. Tibor Hollo, I know you are reading this and you made the mistake for threatening Lucas. I hope YOU have a defense team since I’m pretty sure there is gonna be a flock of money hungry lawyers(due to our stagnant economy) who is ready to take your refugee hungarian ass money on part of Lucas behalf.
Lucas, like the many other bloggers who posted before me, you have my support! People like Hollo and companies like EWM disgust me.
Then maybe Kevin can help find Lucas a nice penthouse on the beach and we’ll party there. We’ll all be celebrating, except Tibor and EWM.
Lucas-
Congrats on sticking by your word. You have consistently posted what you believed to be true about the Miami market, its buildings, and its developers. This was no different. If you truly believed it to be true, and it wasn’t stated with reckless disregard for the truth, then you should be fine.
Probably wise though to keep quiet for a bit. I will miss your blog for however long it is dormant. Find yourself an excellent lawyer and kick this guys frivolous complaint to the curb. Best of luck to you.
Lucas –
Best of luck. Once you figure out your strategy, be sure and put up a paypal contribution link and explain what the funds will be used for, even if it’s just to contribute towards your mortgage.
You won’t get much, but you know some of us will pitch in.
Best,
Put it this way. This is great for you Lucas now with all the support and biz you’ll get out of this because of the media atttention you’ll have plenty of buyers that want you to represent them and will make plenty of $$$.
You should prob thank them for doing this to you as you’ll make plenty of money and biz now.. matter of fact tell him you want a water view for yourself.
This is frickin retarted.
EWM – you too. A bunch of cowards for not standing behind their associate and for lying saying they didn’t know he had a blog. Who u trying to fool. I wouldn’t want to be represented by that company. Forget that!
As far as the O tower, that place suxs. You don’t need this blog to figure it out. Frickin ugly rail balconies and those ugly green metal awnigs on the retail level. Looks like the aluminum roofs in shacks in Central America. Drove by today and it was hideous. Drive by and see for yourself and come up with your own opinion. Matter of fact the Now Leasing sign is up. Good Luck selling buddy.
End of the day this is a blog. It’s all perspectives and opnions. There are blogs that talk shit about things and give false statments about things but it’s still a blog.
People talk shit eveyday both good and bad honest and false. Eveyone has their freedom of expression and speech. And if this guy wants to express himself wether right or wrong it’s his frickin blog and can do so. You don’t like it then dont read it.
This will come out much more negative to OTWER and EWM. Lucas you will b the hero!
The person who should be fired is the dumb ass who gave legal councel to file this ridiculous suit.
Just like the moron judge who sued the dry cleaner for millions who claims they lost his pants. Now that guys in deep water!
RA – I just have to say, hahahaha.
I want to thank everyone for your continued support. I appreciate it immensely. This blog isn’t going anywhere. I will continue to share my opinion, thoughts and stats with you.
Tortuous interference is the unlawful interference into one’s contractual or business affairs. For example, someone who uses the web to defame an individual’s business and contacts their customers (or prospective customers) may be violating this law. A special case of tortuous interference called “Tortuous Interference with Prospective Advantage” is available in some states to punish those who seek to damage one’s ability to find and retain new customers.
The elements of the tort of interference with contract are:
A valid contract between the plaintiff and a third person that confers upon plaintiff a contractual right against a third person.
The defendant knows of the contract.
The defendant intentionally induces the third person not to perform the contract.
The defendant acts without justification.
The defendant’s conduct causes actual pecuniary harm to the plaintiff.
The above was copied verbatum from the oracle training website for internet usage. Lucas, maybe you should have consulted it before you decided to libel someone.
I certainly cannot feel sorry for you. Nor should anyone else for that matter. There are buyers at Opera Tower whose investments were trashed by you. How do you think they feel holding a contract and wishing to sell or close?
Timing is everything, and to create further turmoil in the real estate market by hypothisis, rumours, speculation, incomplete information is exactly what you did.
In my opinion you represent the profile of a small percentage of bloggers who act unresponsibly as though on a power trip (see someone’s posting above “bloggers unit”, who don’t listen to reason (or warnings) and think they are above the law. Many bloggers have terrible verbal communication skills and person to person skills, outside of their blog. Because of the enormous time and effort put into blogging they can lose these other skills. In my opinion your a classic example.
My own opinion is you should remain a blogger and get out of the real estate market completely.You have already done enough damage. It appears you spend so much free time on your hands blogging, I certainly question how many customers you have.
Further, if you want to be totally impartial in your analysis of the market you should just be selling information, and not real estate. There is a definate conflict of interest there. There are responsible people who do this, Lew Goodkin is one, John McCabe is another. They also talk about how down the market is, but they completely level headed and unemotional about presenting the facts and they paint a true picture of the market. They talk in a responsible manner without offending so many. You candidly could learn learn a lot from them.
That is a long shot though, you have obviously burned lots of bridges out there and run your blog like you have a chip on your shoulder or an axe to grind.
My own opinion is that there are more lawsuits coming from other developers, buyers, current contract holders, real estate agents and condo associations down the road, $25 million will look like a down right bargain down the road.
The “Tortuous Interference Is What You Have Done” post is just nonsense meant to cause alarm. Are real estate prices really that fragile that a little criticism must be silenced. The market is what it is and a blog or two can’t change it……I say sue the people who hyped the market instead. I hope the anal lawyers examine the Opera purchase agreements to get people out of those contracts. Remember Hollo, don’t throw stones if you live in a glass house. Let the lawyers apply the same tactics to get the buyers out! Pointing out that a price is too high is not a tort. Obviously the above “smarty pants” is too narrowly focused on the “law” to have any common sense, fortunately jurors see through this nonsense.
To “Tortuous Interference” guy above me… Let me guess, your legal background comprises of LA Law reruns and lots of wikipedia searches? I’m right, aren’t I. Yehp, I knew it.
Basically, this is all you need to know.
“Nova Southeastern University professor of constitutional law and ethics Robert Jarvis said that courts see blogs as, “written in unedited, unvetted fashion,” and doubted Hollo would win the case.”
Basically, when you get a law prof giving a strong opinion like that in a public forum, it’s a no brainer. Let me give you an inbetween the lines translation… Hollo has a snowball’s chance in Hell.
The funny thing is, when all is said and done, Lucas will come out looking like a star while Hollo just digs himself and his condos a bigger grave. Hollo needs to know that this ain’t the old days where you can be on the wrong side of the issue and bully somebody with a lawyer. Thanks to the internet, Hollo probably has damaged what was left of his reputation and the reputation of his condos more than any one blogger could ever do. Ironically, I think Hollo will need to apologize to Lucas first, if not, him and his properties will remain an online punching bag from Miami to Poland. Ain’t the internet grand if you’re the little guy?
For the Opera, the fat lady has already sung.
The comments on this blog aren’t any different than say the customer comments on Amazon, Best Buy, etc…..hardly a tort.
To “Tortuous Interference” guy again:
“There are buyers at Opera Tower whose investments were trashed by you. How do you think they feel holding a contract and wishing to sell or close?”
Saying that 1 realtor can really sway the market for a complete condo with 635 units shows COMPLETE ignorance.
Also, what is your solution? Instead of criticizing bad buildings, would you prefer to make it easier for out-of-state condo flippers to sell their units at Opera at inflated prices so that somebody else gets left holding the bag? That’s just brilliant. You should apply for a position at EWM. I hear they have a new opening for a cheerleader, err sorry I meant a realtor.
I am saying stick to the facts. To hold oneself out as an expert (which Lechuga is not) and make predictions by trashing a project before or during the closing process takes place, is completely inappropriate. I know of several buyers who until reading Lechugas’ blog had no intention of walking away, but now don’t want to close. You can magnify that many fold.
I am not saying the market is not bad, I am saying don’t run down each project during the closing process. Let the buyers decide without creating hysteria and false hyperbole commentary. Lucas is 29 years old and has a lot to learn. There are ways of presenting information correctly, bad or good. Lew Goodkin is an example of a class guy who is respected and reports bad news accurately. He would never stoop to making predictions right during the closing process and making statements that a building is in trouble.
Further posting damaging out of date information on a project is an injustice, particuarly when you get the whole offering wrong as Lucas has done on another very high end project in Bal Harbour.
By the way your quoting one attorney who teaches law, Robert Jarvis. I know his work and there are plenty of attorney’s that would disagree with him and argue successfully against him. Case in point is the matter of ethics, and not letting a highly trafficed website interfere with the closing process. If I was a member of the homeowners association @ Opera I would sue along with Tibor for not giving Opera a fair chance by trashing the building during the closing process.
This guy sounds like Tibor Hollo himself. Lucas, if in fact he is Tibor, then he just made your case. He is saying that you AREN’T an expert. If you aren’t an expert in the Miami real estate market then why should you be accredited as being a respectful source and how could you possibly have any affect on the number of closings at Opera Tower. If this isn’t Tibor, then this just shows that the general public doesn’t view you as an accredited source of information. I know this may not sound favorable to you, but in the eyes of a jury this will look very favorable. I’m a big fan of yours and wish you all the best!
Look, if the buyers liked what they contracted to purchase they will close. It really is that simple. Had the market kept going up 20% each year than who wouldn’t close? Lucas comments are what they are, and if someone wants to use that as an excuse then that is far more flimsy of an excuse than what the developers are trying to do to make people close. The fact is, if the product is quality and the price is fair, people will close. If the building isn’t what it should be, then that is Hollo’s fault. To point blame IN THIS MARKET is utterly silly so there is no way Hollo can claim any “damage” was attributable to Lucas’ comments. It is absurd. Shame on Hollo, and I for one will not buy from such a developer, period.
EWM knew of the blog (google cache)”EWM is pleased to announce that Lucas Lechuga has joined the EWM Brickell Office. Lucas is best known for his all about Miami blog – Miami Condo Investments. He has been chronicling the condo story for about 7 months now and has become the “go to” source for great up to the minute info in the Miami Condo market.” Dec 18, 2007.
This is what Hollo and his cronies need to understand. If there is a concerted effort on Lucas’s part to denigrate Opera or One Bal Harbour, that is one thing, but when you try to single out a guy who covers the good and bad in a Real Estate market and tries to give out his opinions on all the condos that make up the market, guess what, he’s going to like some buildings and not like others! Did he break some Real Estate Secret code with this blog? Let me guess. Lucas should refer to Opera as a “Strong Buy”, and he could then refer to Continuum as a “Super Duper Strong Buy” and for his favorites, he could label them the most “Superest Duperest Strongest Buys”. Would that make Hollo and EWM feel better? Speak no evil… just call everything a strong buy or a stronger buy or a stronger stronger buy?
This is a blog, I don’t expect anybody to be 100% factually accurate… nobody does. Wikipedia is nowhere close to being 90% factually accurate, so would Hollo suggest we close that down? How about we close down all blogs and chat boards that have not been 100% accurate? This is the Internet, if you want 100% factual, you better turn off your PC or read everything with a grain of salt and take it upon yourself to fact check everything.
If Lucas honestly believes/believed Opera was a bad deal and believed that Hollo went bankrupt at one point, then I’m all for free Speech on a blog as long as he was not willfully targeting Hollo with information he believed to be false. The negative mentions on Opera are minute compared to the body of info on this blog, and I have no reason to believe Lucas made any willfully incorrect statements.
If Hollo wanted to act like a responsible normal citizen, he would have contacted Lucas first providing him with a chance to make corrections. Now if Hollo did that, and Lucas disregarded the correct information, then that would make it a completely different situation.
Hollo should understand the size 22 foot he’s inserting into his mouth right now. People are sick of lawyering to get what you want, and they are sick of Developers who under-delivered. All this internet exposure is going to focus more and more attention to the fact that Hollo is a guy who apparently under-delivered with his condos and believes in lawyering to bully somebody to take blame for his condo’s problems. Nice lesson for kids. If you screw up, go pass off your mistakes on a fall guy. Unfortunately for Hollo in this case, he chose to use a bully technique that worked pre-internet age, but whoops, this is post internet. Open mouth wide and insert size 22 foot. He needs to pray for blogger forgiveness before this lawsuit news gets translated into 30 different languages and rich Europeans/South Americans start looking through their contracts to see if Hollo or Florida East Coast Realty are on their condo contracts.
I need a realtor who will tell me the truth, esp. in this declining market! EWM has now proven it is NOT looking after the interests of the buyer. So, I will select another company. I will fire my EWM agent soon…..
Note to self: (1) Wake up in morning. (2) Shower. (3) Call lawyer to get out of Opera purchase agreement because of material misrepresentation. (4) Go to work. (5) Watch Opera fail.
let’s get our freak on
jl
YOU ROCK IT OUT!
I heard that Opera tower has structural issues.
[…] de cazul bloggerului din State acuzat de defaimare, iata cea mai buna analiza a cazului pe care am gasit-o pana […]
YOUR FIRED…………a friend of LUCAS’S …talking about EMW.
YOUR FIRED…………a friend of LUCAS’S …talking about EMW.
I wonder what THE DONALD has to say about all this B.S.
…maybe some of the individuals here who posted reasonings through their interpretation of the law should first read the constitution…start with the 1st amendment…freedom of speech, remember that one?
if lucas represented that he believes this or that could happen…he is entitled to it – it’s his opinion!!
so whoever ‘tortuous interference’ is … before you try to appear as if you are an attorney, supposedly well versed in corporate/tort law, you should first improve your own grammar (as you insulted others who just jot all over blogs). start with “unresponsibly” and “your” (…it’s “irresponsibly” and “you’re”). not sure where you went to law school…JD from Tinbuktoo U. ? please…
[…] blog that started it all…. Lucas Lechuga’s Miami Blog – Opera Tower, LLC & Tibor Hollo Sues Me for $25M It’s not the blog post that started it all… that’s back in […]
uggh… Please, before you start quoting the elements of a tort, LEARN HOW TO FRIGGIN’ SPELL!!! There’s nothing that undermines your argument more than your inability to use phrases correctly. Now, to comment on the underlying substantive argument that you flung out there like so much rotten turd on the wall…. First, Hollo did not bring suit for tortious interference of contract, he sued LL for defamation. Second, to even suggest that LL has impacted the market through (let’s say for the sake of argument) false claim of Hollo going bankrupt; even then, why would a buyer back out at that point? In other words, are you suggesting that after a $100K down payment, and due diligence that comes with a six-figure, out of pocket deposit, that the decision to forego that $100K will depend on a blog…. a friggin’ one-man-show internet diary? You sir, are a MORON. Please stick to your ranting and raving in front of Judge Alex’ or whoever your legal tele-tutor may be, and for the love of God, LEARN HOW TO SPELLCHECK!
P.S.: Lew Goodkin and Jack McCabe as unbiased founts of real-estate information? Both of these individuals have long-standing relationships to vulture capital funds that seek out real-estate bargains in Florida — they’ve disclosed as much. As oft-quoted as they are, do you really suggest that they have nothing to gain with touting pessimistic conditions?
Lucas, I managed to get the news story uploaded onto youtube.
you can see it on my blog housingfear.blogspot.com.
Housingpanic.blogspot.com is also running a story supporting you.
Lucas I am a big fan of your blog and support you 100%. I am a long time Miami resident and it is fairly obvious that many condo developers are about to lose their shirts including Opera tower. It is pretty pathetic that Hollo is taking out his frustration at the market on you for expressing your OPINION. I commend you for being honest and forthcoming about the market down here.
Lucas,
Good luck with the lawsuit. It seems like a shame that EWM wouldn’t support an agent/contractor such as yourself who tries to communicate honestly over the internet- But then again a lack of honesty is a big part of the reason that the housing market is currently in the state that it is. Keep up the good work.
Lucas,
I just saw a link to your blog on another blog. Fight the good fight Lucas. These people need to be exposed. Anyways, I can’t understand why so many people think Miami is so great. Personally, I think it’s a complete sh*thole with some nice ocean views. I wouldn’t live in that third world dump for anything. Good luck.
BUYER 2, I think the reason you are mad at your Realtor is that fact maybe you did not ask the right questions before hiring him. Buying is always good…Long term in this case and in this market. If you are a seller than realize that the profits will fly the longer you hold on to your un-real sale price in this market. As for Buyers, do buy in Miami, you can still get good prices from sellers who really want to sell and hold at least 3-5 years, maybe longer if need be.
Lucas, dont worry you have all the Realtors behind you!!!!
The developers are the main reasons we are in this slowing down market but also included are the rich investors who would pay any price just to get into a hot market which you can blame. Survival of the fittest I guess…
They jacked up the prices and un-educated buyers and investors bought into it. Now both parties are in panic mode unfornately.
IF a buyer is not going to close because of Lucas’s opinions…Then that buyer was not told the truth and the buyer SHOULD do more research before they close. What is wrong? You hate for a Customer not to close because they know the truth now??? For the person who is writing the long posts with no real name. Just go away now. Your long azz posts are doing nothing, but making people laugh.
http://www.digg.com/business_finance/Miami_blogger_is_being_sued_for_25_million/who
Dugg!
http://blog.ewm.com/2007/12/18/ewm-welcomes-lucas-lechuga/
I guess I thought I had seen it all in my lifetime but this lawsuit is second only to the judge that sued the immigrant owners of the laundry company for $100MM that lost his pants.
Filing the lawsuit (and the following news publications) calls more attention to the public about this troubled project than the little know BLOG did.
Can you put a paypal donate link up so people can donate to your defense?
I’d like to see you counter sue and cost them a lot in legal fees, mud in the papers, and then for them to have to pay your legals fees and all the pain and suffering you had to go through for a frivolous loawsuit.
I think they brought the lawsuit to silence you but instead they brought international publicity on themselves. This has backfired. They should rescind the lawsuit and apologize to you publically. Your employer should also apologize and compensate you for wrongful termination.
I bet Warren Buffet knows about this now and is probably asking his people, “Why the heck did you fire him you morons?”
To Mike who trashed Miami. Your post makes me wonder what sort of a clown you are. Why would you write in to support Lucas and then trash his city? I can’t figure out if just looking for attention or just plain stupid.
I support Lucas, and this lawsuit is obviously frivolous and will get thrown out.
I am really glad to hear you aren’t going anywhere!
K.D.
“To Mike the Clown”
I support Lucas.
As far as my comments, why are you so sensitive to someone having an opinion on Miami? It’s a third world sh*thole with ocean views. If you can’t take it thats your problem.
Btw, my immediate family lives there and I wouldn’t live there for all the money in the world!
Hey Lucas,
I’m another Chicago transplant working as a trader, living in Miami. I’ve enjoyed your blog for the past year, and I’m disappointed to hear about your recent legal woes. A friend of a friend is Tucker Max, who is a blogger and author.
Though most find his blog to be extremely degrading and vulgar, I bring him up b/c he too was sued for something he posted on his blog. I am including a link to the story. WARNING!!! It is vulgar, but if you skip down to the last quarter of the post, you’ll find his lawyer’s information (located in Miami). You’ll definitely need a lawyer, so why not hire someone that has experience?
http://www.tuckermax.com/archives/entries/date/the_almost_banned_miss_vermont_story.phtml#705
There are 2 Mikes…i posted the first response yesterday…dont know who the second Mike is…so now I’m changing my Name to Mike K….
And I live in Brickell and love it…
I wrote an email to Diana Olick from CNBC (real estate reporter). I encourage all of you to write and help Lucas get national/world attention.
The email address is:
[email protected]
The Court does not look kindly on frivolous lawsuits.
Suggest you get on TV, tell your story and stick to the facts.
I am saddened by the series of events that has everyone so emotionally charged. Even though I have never met Lucas in person I admire his accomplishments and wish him success in resolving the current situation. He seems to be a smart man man with a great number of friends. For those who are posting in support of Lucas I want to turn your attention to Kalu Rinpoche, a Buddhist wrote something that everyone should consider at a time such as this. He said…”One does not have to feel totally at the mercy of one’s emotions. It is only when acquiesing to the emotion, or investing the emotion with the falshood of reality, that one is forced to play out the consequences”. I truly want Lucas to know that I have him in my prayers and I want him to succeed in this situation. I have the feeling that he will come out of this situation unescathed, without blame or damage.
Peter,
That was absolutely hilarious! I can’t believe Putin got a hold of the story and decided to hold a press conference about it. LOL. The blogosphere is doomed after someone like Putin makes a statement like that!
He shall overcome!
I am still in utter shock over the whole thing!
Crazy world and crazy people…Good luck and Blog on!
Norby,
I’ve heard very good things about you and wish you all the best as well. Great quote that you shared with everyone.
Why only $25 million. I’m betting the value of Opera will decline a heck of a lot more than that over the next 2 years in this market! The $25 million is just a crazy number meant to intimidate. So sad.
Holy Cow! Now the prime minister of Russia has held a press conference about this lawsuit by Tibor Hollo. I think Tibor is setting a global precedent for these tyrants.
Here’s the video: http://tinyurl.com/2rbk3c
Peter Santiago.
[…] The story has been in the news – take a look at this CBS video clip, and this report from UPI. You’ll be seeing more in the near future. To read Lucas’ take on the situation, click here. […]
your blog has been fantastic! Please contact me for any possible support! At some point I hope to be buying a vacation place in Miami and am now convinced that i would like to do that through nobody else but yourself, LUCAS. Do keep the Blog going.
I am a real estate investor from california and my jaw almost hit the floor when I saw this aggregious lawsuit. The old man has lost his head!!!
good luck 😉
Tibor: “Hmm.. what can I do today that will a) substantially raise the profile of my nemesis (LL) and his blog, thereby increasing the attention that my building (and it’s Problems) will receive?
LL: “Why don’t you sue me for, say, 25 million?”
this is totally unacceptable or should i say outragious. what is happening to this gentleman’s company has to to with himself, greed and very poor forcasting. did they think they could just reel in as many hispanics as possible and decieve them. everyone wants a piece of the U.S. until it does not work for them. invest in your own country. Putin? this is a shaddy bunch and they are not getting caught for all the world to see. i am an investor and this blog has helped me tremendously, i travel to south florida on business and wanted to look at the Opera House. NO LONGER.
If you navigate this event cautiously and wisely, and in the process stick to your values and beliefs, at the end you will emerge not only vindicated but also with a new and successful business model. Thinks about this!
I’m late to the party here, since I stopped reading Lucas’s blog after he dropped South Beach.
This whole matter would be laughable, if it hadn’t cost Lucas his job and the intimidation of a $25m lawsuit.
As has been posted above, there is clear evidence that EWM knew of his blog when they hired him.
I’m pretty sure Lucas doesn’t have $25 million, (sorry Lucas, I have the same problem myself) so the lawsuit is a complete waste of time.
Ryan: You said it.
Glad to hear the blog will continue.
Just wanted to let everyone know that I have written a new post. It is on the front page of my blog.
Disclaimer: If you end up reading this comment two years from now, then I want you to know that the post is no longer on my front page.
Wow! I first heard about this yesterday and couldn’t believe it.
That “tort genius” definitely takes the prize though.
Guess you’ve never heard, Mr. Tort Genius (like the other genius builder out there), that, “opinions are like noses…everybody has one!” And that, my dear geniuses, is the way of the blog! A place to have a written conversation and express opinions. As an expert, I’m entitled to my opinion (and of course…the geniuses can have their opinion too – which is summarized in Two words…American freedom).
Also, I disagree with your assessment of Lucas and whether he is an expert or not. The blogsphere says he is…so he is.
Besides, I watch CNBC quite a bit and wonder if the comments and opinions about the market, the recommendations to buy or sell, the opinions of the strength any company or investment weighs on the market are ‘suable’ comments and opinions? After all, MILLIONS of people (worldwide?) watch these reports and guide a lot of their investment strategy on these news, comments, opinions, etc in each of these shows (Mad Money’s Cramer being one of the most outspoken. Not always right or respected by all, but always listened to).
I know, I know….the argument is weather Lucas made an inappropriate comment regarding the bankability of this developer. Regardless…how’s this lawsuit going to get his condo’s sold now (or in a very long time)?
Who’d buy from someone in the middle of litigation?
Now, follow me here. Here comes the turn of the century, with stock markets crashed, people choose to move their investments to real estate, driving up market values, creating demand for more and more housing. Temperatures raise, excitement builds, bankers and lenders of all types begin to come out of the woodwork, investors compete for business also going to speculators.
All hell brakes loose, Greenspan notes the “exuberance” in the market and warns this cannot be sustained, Market experts say the same thing time and again and then…VOILA! We have a real estate market meltdown!
LET’S SUE THEM ALL. THEY CAUSED THIS MARKET TO TURN by simply pointing out the doom of it all!
Right?
HA!
This shortsighted, failed developer who’s now looking for any dumb excuse to recover some of his losses, is probably one of those like the “tort genius” who believe that things happen TO them. Scarcity vs. Abundance mentality.
They just want to blame what was truly caused by market forces and themselves, on others.
But…since “the markets” can’t be sued…and Lucas and EWM can…he does! Simply, heroic!
Each of these developers are businessmen (some are loosers). Each made a decision, after carefully studying market conditions (ehem), to invest and borrow money to acquire land, secure an architect, present, propose and get the city approval and permits for building a project (Opera is only one of hundreds!), build whatever concept they envisioned, hire Realtors (really…they quite liked Realtors then – ironic isn’t it?), create marketing parties, etc.,
Yet, if they missed what “market forces” control, and end up holding the bag on millions of dollars in real estate because their investment got started at a poor time (that they chose), they misread the market and miscalculated the results of thousands of units coming out simultaneously, missed the warning signs discussed by EVERY EXPERT IN EVERY CHANNEL, EVERY NEWSPAPER AND EVERY COUNTRY and continued to exuberantly build, and still refuse to recognize that, “la cagaron”….well….I guess, “sue somebody” was their moment of brilliance.
So, after throwing their creation down the drain, now they choose to make matters worse by going after a “little guy”. The big, bad developer, going after the little blogger/ Realtor. Great story, genius!
So, blame ONE LONE blogger/Realtor for their demise. How lame!!
Each of those buildings were sold on good merits or shady tactics. Each picked their fight. I don’t know which platform was Opera sold under, but I know now who they’re looking at to back up their failed dreams…You Lucas. It seems they’re now looking at you to bankroll their demise.
Many developers sold to would-be investors (speculators) who ONLY purchased OPTIONS. That’s what some of these developers are in denial about. They never sold condo units to these speculators…they sold options!
They were not called options in their contracts, but deep inside each of these speculators knew the way out. They had the OPTION to walk away and not close. The developers knew this, but by sheer greed many chose to keep their eyes closed to this reality.
They figured, once the upfront moneys are in…the rest of the financing is done, I’ll worry about the few that don’t close (THAT ONE BIT EVERYONE OF THOSE DEVELOPERS), and resell the units (ha!) and double dip (yeah, right). Gatcha!
Options work DAILY in the stock markets. If each of these short or long option position holders were not able to walk away from their option and their option money and were forced to close on purchases they did not want, where would our markets be?
This is what this ridiculous suit is looking to dictate on the real estate market. It expects to regulate how idiots pretending to be investors (and even some builders), escape from their failed decisions. They want to remove responsibility for their choices and accountability to their creditors for making bad investment decisions.
Stock market or real estate market. Different market, same concept. Except, in the paper markets, there are ways to hedge each position.
In real estate, If you walk away, you walked away. The hedge actually, is not carrying a mortgage you cannot afford and did not intend to support. The intent of most of these investors (speculators) was to resell. Not to hold. So now, they simply are choosing to cut their losses. 6+ years of inventory!
Who among these speculators want a piece of that!?! Specially with now overvalued properties which are now worth less than they’d have to carry in financing for some 5-10 years before they can recover and earn what they might have expected to earn in 2-3 years.
You, Mr. Lechuga, keep your chin up. I hope that blogger who wrote about a team of lawyers who were taking a look at your case to defend you really put their money where their mouth is.
If this developer gets away with this, it affects EVERY blogger out there and everyone who issues an opinion (and yes, that blogger who suggested we all write a disclaimer may not be too far from reality).
I loved that link pointing to your welcoming to EWM. Obviously, not only did they know and post about it, their interview with you during the hiring process had a lot to do with this, and I’m sure that can also be documented.
What if?…Just…what if Mr. Buffett were to drop EWM for hiring you knowing about your blogging and the risks (?!?!?!) involved, like EWM dropped you for offering an opinion in a blog they sanctioned by hiring you AND your blog!? How would they like THEM APPLES?!
The developer already made that connection and it is therefore, suing you both. Wouldn’t that be a shame for EWM? What if Christies drops their affiliation as well? After all, they may not want to be affiliated with a company being sued for $25M and undergoing so much chatter on the internet, would they?
Also, will this suit actually open a can of worms for all developers who may be innocent bystanders but still, the outcome of this fiasco could easily start a class action suit against one or more developers, like the suits being brought by some cities who are suing banks for reverse redlining? Wouldn’t this be a stinger!?
That should really help put Miami on the map!
Thanks a lot geniuses (and your attorneys too)! Here’s to the new mini economy being created in blog lawsuits.
In the end Lucas, I feel you will be triumphant. One way, or another.
Actually, do what politicians do…spin it, and win! Million$ await you on the other side.
Well, since Hollo(w) filed the lawsuit, guess what, you get to DEPOSE Hollo(w)! Make sure you do a VIDEO deposition that you can post here and on YouTube.com. It will be hilarious. You get to ask him about his finances since he made it an issue in the case. Start subpoenaing all of his bank accounts, etc. for the last 30 years since that is relevant. Ask him for proof that he made sure the purchasers in Opera were qualified buyers….and get their financial records too! The discovery will be endless so start hitting Hollo(w) with it as soon as possible since he is getting a bit old. File an attachment on his estate for damages too. The old fart will soon have EVERYTHING for EVERY development he has ever done exposed by this lawsuit. I’m sure there is a lot of shady dirt there and false pumping up of property values to make this front page news for quite some time. He filed, he’ll have to face the consequences. Let the discovery commence!
This was obviously a lawsuit filed to silence and out of frustration. To win, Hollo(w) will have to win on liability (he won’t), prove an amount of damage (none can be attributed to this blog), and collect (I’m sure Lucas doesn’t have $25M or whatever). If Hollo(w) wants to throw money at his lawyers so be it. But soon he will have to turn over ALL of his financial records. Ha ha ha, he’s the one that filed it and claimed he was damaged! Go for it!
P.S. Defamation, my ass.
[…] Peter Santiago, posted this video in response to the recent defamation lawsuit filed against a Miami blogger (I leave out his name because of Google). Peter has a great mind (he’s got a degree in […]
Looks like “Gourge” Perez doesn’t want to be left behind.
Today’s Miami Herald article could be viewed as a pre-cursor to the “mad developer” syndrome. I will refrain from stating my opinion. However I do wonder when and if “Gourge” is going to be suing the RCRS agents?? That should be couched nicely enough to keep Greenburg Traurig off of my doorstep….
Subpoena the financial records and you’ll see if he is currently bankrupt. Maybe he is?
The people at subprime implosion got slapped with a lawsuit as well,get in touch with them and ask what happened and how they got out of it.
ml-implode.com , a major lender went after them. Keep blogging, we will follow you through this.
I’m amazed that the entire econmic downturn, for this developer, rests on your little shoulders. How narrow minded is this company?!
I was sorry to read about your troubles – best of luck with this, and keep up the good work. That clown at EWM and his “only good news” philosophy is spouting the kind of crap that got us into this mess to start with.
[…] Real Estate Blogger Sued for $25 Million for Negative Post at Miami Condo Investments. This is a story every real estate agent needs to read. I don’t think the blogger did anything wrong, but it’s something every blogger still needs to watch out for. […]
This is legal harrassment. Personal opinion expressed in a blog is clearly protected speech. Too bad about the bankruptcy error but mistakes happen and only need to be retracted. Given that the purpose of this legal action is to stifle free speech, a countersuit might be lucrative
Lucas I think if anything this is bringing you good publicity, I bet your blog stats on wordpress have quadrupled or more over the past week.
Looks as if some banks lost money on Mr. Tibor Hollo.
From the Washington Post:
http://www.washingtonpost.com/wp-dyn/content/article/2007/01/24/AR2007012401731_pf.html
“When Congress last overhauled the bankruptcy laws in 1978, it sought to make it easier for people and businesses to recover from financial ruin. But in practice, the system Congress created favors debtors over creditors, the people who owe money over the people to whom it is owed, many specialists say.
“The system is broken,” said an associate who helped Trump use the system to his advantage.
“It’s the system that gives power to the debtor where it shouldn’t.”
Debtors enjoy such a strong position that creditors “have to buy them off,” said Michael C. Jensen, a Harvard Business School professor.
Some borrowers who go broke negotiate deals that enable them to avoid bankruptcy altogether. Others get caught up in bankruptcy proceedings but hold on to small fortunes because their lenders get tired of fighting.
Business executives who have plunged into insolvency and emerged wealthy include local real estate investors Conrad Cafritz and Dominic F. Antonelli Jr. Florida developer Tibor Hollo said he was left with a net worth of $35 million after lenders released him from $364 million of his personal debt.”
Lucas,
I am a licensed real estate agent who will be moving to Miami in a month. I do not sell real estate but prefer to keep my license active. When I’m ready to buy a home you will get my business. Thanks for keeping it real. And counter-sue the pants off Mr. Hollo (even if he does file bankruptcy this time, he will have enough left over to pay a judgment).
The clown appears to have hit you with a SLAPP suit:
http://en.wikipedia.org/wiki/SLAPP
Fortunately, there are laws against this type of behavior. And he could be a candidate for a tortious interference lawsuit.
http://en.wikipedia.org/wiki/Tortious_interference
Wishing you well!
– Ben
Your blog is a great resource.
This lawsuit is garbage. Maybe better than the ACLU would be a hi-profile private litigator with an interest in free speech / First Amendment issues (like Floyd Abrams). Liability for blogging and posting comments is certain to become an issue that needs to be settled. I’m confident some ace private lawyer would be interested in taking a case like yours for FREE in order to shape that law and make a name. Also, pls countersue for a big number – I hope it ends up as a windfall for you.
I don’t know anything about the real-world business aspects of a brokerage, but perhaps you could start your own. You could represent buyers and realistic sellers. As the owner of a few properties in NYC (with an eye on distressed properties in Miami), IMHO you seem to be much more interested in and thoughtful about market dynamics and pricing trends than the average broker. There is always demand for people smarter in a field than the rest.
I recognize that only a small percentage of your readers will actually buy a condo in Miami any time soon, but as an independent you might not need huge numbers to make it profitable.
Best of luck. If you need to, please do open a defense fund, I for one will definitely contribute.
TK,
Thank you for the support. I appreciate it! Unfortunately, I can’t go into detail on what I plan to do but I definitely appreciate the advice. I’ll likely provide an update at a later date. Thanks again!
People,
Let’s put on hold our concerns about the free speech aspects for a minute (which many seem to have a deep personal interest in).
From Lucas’ perspective, the key real-world risk is that of being held liable for a lot of money and the stress risk that will cause for months, maybe years, to come. That intimidation is the only possible aim of this stupid lawsuit.
On the lawsuit (and in response to the “Tortuous” comment by Mr. Hollo himself), I think the key word for you is “cause”. It should be a source of comfort for you (but is no substitute for legal advice obviously – don’t sue me).
I don’t know exactly what language you used that is at issue here but “bankrupt” is a pretty broad and colloquial term. Maybe “restructured debt” or “entered bankruptcy proceedings” was technically more correct, but maybe not. And even if it was, how did that subtle difference CAUSE $25mm in damages to Hollo? If you had changed that one phrase, would he be $25mm richer today and would he not have filed a lawsuit ? Did a thousand contracts holders at Opera refuse to close the day you posted your blog? This lawsuit is such a joke.
Bottom line is, how did you “CAUSE” $25mm in losses to Hollo? (1) isn’t he saying everything’s great and Opera’s a great success? (2) how did you cause anything to happen when the Case-Schiller index is plummeting nationwide and all sorts of bad things are happening to everyone and everything (buyers, developers, laborers, middle-men) connected to real estate, nationally and internationally (Spain, Ireland, etc).
A lot of people thought they were smart but they were just boats being lifted by a sea rising on leverage. Nothing wrong with that, people often mistake luck for skill. But now the sea is falling and everyone blames bad luck or bad people instead of their own lack of skill. And no, I’m not a bitter renter, I own 2 props in NYC – I’m just a realist.
Finally, Hollo has definitely caused you losses. Your countersuit will probably have a lot more merit than his suit. I hope you find a way to take him for huge $$$s!!
‘First, Hollo did not bring suit for tortious interference of contract, he sued LL for defamation.”
Your correct. However, after the libel lawsuit, an amended lawsuit citing tortious interference in my opinion will be filed, particuarly if Lucas countersues. I agree with you, the defamation lawsuit will be probably be thrown out after court proceedings, however in my opinion, there is a very good chance the tortious interference will stick.
To Legal Gun re your view that a “tortious interference” (“TI”) claim would stick. On which specific actions would you base a TI claim?
Do you think Opera can meet its burden of proof and show that that blog entry was the proximate cause of every or any failure to close on a contract in existence on the date of that entry? Can they blame on Lucas the failure to sell every unit for their dream price on the day that its offered? A bad review of a business or view on the market directed at a mass audience is not TI.
If Holo were to file a TI claim, he better have some evidence that Lucas intentionally contacted the buyers who cancelled directly and convinced them to cancel and did so solely with an intent to harm Holo’s business.
Oh by the way. I found this response (see below) to your post re a 1 BR condo at Opera, dated Aug 17, 2007. If there was already the beginnings of a class action lawsuit on behalf of Opera buyers still in contract, what damage could Lucas have possibly caused.
If this lawsuit was ever filed, Opera probably should’ve been disclosing that fact to all current and future buyers. Failure to disclose a material fact like that could be a contractual basis for refusing to close.
If anyone knows if this lawsuit was ever filed, please post w some details.
Nancy // Nov 6, 2007 at 9:21 am
BUYERS BE AWARE!!! There are many issues and amenities that will not be provided at opera tower. also, i believe the resales will suffer. If anybody is interested I know about a law firm that has a lot of opera tower’s buyers that is trying to organize a class action you should call him. The law firm is D|K PHILIPS, Attorneys & Counselors at law. Call them ASAP to join if you are interested or thier email, I unerstand, is: [email protected].
Did the work myself.
Nine separate lawsuits were filed. Think each of these 9 owners had plenty of good reasons to make their decision to sue. They didn’t need a blogger to tell them the market is turning.
http://southflorida.bizjournals.com/southflorida/stories/2008/01/07/story5.html?b=1199682000^1572409&surround=etf
In response to “Legal Gun” — tortious interference of contract? It just isn’t there and what are the damages? Do you really think there is ONE single contract holder that will attribute their backing out to Lucas statement regarding the financial difficulties of Hollo over a decade ago? Heck Trump had legal difficulties around the same time too. Remember, in a tortious interference claim you have to prove by the preponderance of the evidence that the statement was the cause. If Hollo’s lawyers thought that was a strong claim they would have filed it at the time since they are no dumbies…..they didn’t because it is even weaker than the defamation count. Hollo’s past statements regarding why buyers are trying to get out of contracts will haunt him.
Here is a very thorough account of the story:
http://inman.com/inmannews.aspx?ID=65991
[…] can read Lechuga’s blog here, and here is the CBS4.com story from […]
This is bs,
My broker here at Remax had a meeting here in my offices and decides to have a blogging policy here in our office over this.
Well at least your gonna get some backlinks out of the suit.
Eric,
I heard that the same meeting happened all over Miami at various brokerage offices within the past couple of days. I heard that RCRS had a meeting this morning where they passed around the Miami Herald newspaper and discussed a blogging policy. A few other Realtors also told me that their offices discussed the same thing. Hopefully, their blogging policy will be to only discuss positive aspects of the market. This will only separate me from the rest.
“Some backlinks” is an understatement. More like a whole lot of KILLER backlinks. I’m looking quite forward to the next Google pagerank update.
Just so you’ll know or you can just ask around, unless you’re at least one of the top 5 in the company, and I might be wrong, but also, if you’re not caucasian-just look at the top brass, or at least a person with connections or of influence-, EWM-Ron Shef. (and make no mistake about it) will not back you.
Hey Lucas:
Stumbled across your lawsuit a couple of days ago and thought good grief. Ridiculous.
I do think you should have verified information before writing and/or your choice of wording could have been better. However, you should have also been given the opportunity to correct an error and a time frame for which to comply.
I think this lawsuit is a prime example why Legal Reform is needed.
I am not an attorney. However, this is one major component where I think the lawsuit could fail.
http://www.expertlaw.com/library/personal_injury/defamation.html
The developer will need to prove “malicious intent” since one can argue that the developer is a public figure/ limited public figure.
I am disappointed with EWM. Not knowing all the information; but, if this was the only issue with you and they did not stand behind you, I think the message they’ve sent to all agents is very clear.
John Sabia’s link to experlaw.com truly sets the stage for what may become the biggest laughing matter over the internet, print media, tv, and every other medium available and to be invented yet.
Hec…maybe even in law school classrooms! This may yet become a textbook case of what to recommend your irate client not to do.
Here’s an excerpt from that link:
“… the plaintiff in a defamation action may be required to expend a considerable amount of money to bring the action, may experience significant negative publicity which repeats the false accusations, and if unsuccessful in the litigation may cement into the public consciousness the belief that the defamatory accusations were true. ”
IMAGINE THAT!
This helps me understand why the attorneys may have taken the case. THEY’RE GETTING PAID. This case is very unlikely to have been taken on a contingency basis. Therefore, Mr. Genius is expending more money, energy and credibility that he thinks. Add that to the other lawsuits and I can only feel sorry for anyone holding the bag there at this time (and for the next 10 years. I mean, look at the diamonds!)
This only proofs to me how mature and business smart he really is, and shows why if he was not bankrupt before well…I can only imagine where he’s now headed!
I guess your previous employer will also be banging their heads against the wall after your success at Keller Williams (great choice, by the way – goes to show you who really has the ‘cojones’ in this industry. Those who abandon you, or those who give you a chance in your time of need?), gives credit where credit is due and demonstrating how weak they were.
Keep it up, Lucas! YOU’RE GOLDEN!
One more thing! I don’t know when you added this but, don’t forget your Disclaimer & Commenting Policy!
Your intent was most certainly outlined there, right from the get go!
As Woodstock from Peanuts would say: iiiiiiiiiii
The definition of “bankrupt” is not limited to the court-ordered bankruptcy: A bankrupt is any insolvent debtor; a person unable to satisfy any just claims made upon him or her; it’s also someone at the end of one’s resources. That’s what http://www.dictionay.com says.
Here are the facts: Tibor Hollo handed title to The Grand condo (then called The Venetia) over to the three banks led by The Bank of New York in lieu of foreclosure. Mr. Hollo became “a person unable to satisfy any just claims made upon him.” The banks then sold the complex to Pierre Heafey ([email protected]). Google him and his buddy, Gino Falsetto ([email protected]) and you will find the facts and stumble onto lots of surprises pertaining to the parties.
Good luck! This certainly seems like something the ACLU might take up.
Lucas, best of luck to you; I hope, and fully expect, that you will be vindicated. Here’s a link to someone in similar, though less damaging, circumstances:
http://www.go-beyond-mls.com/eperks-scam/#comment-3978
Wayne Harriman
Lucas,
Any updates on the defamation suit?
Sorry to hear about that! Is there a place to see an update on this? I have been looking for Miami homes for sale at this great site that has a google maps/mls tool. It has been a great help. I hope it can help someone else out there.
[…] For an example of a guy who offered his humble opinion on his blog, check out this sad tale from Miami here. […]
Mornin`
Awesome post, Love the read! And i wud have to answer them all with YES!!:P
Is Tibor Hollo serious? I mean does he really think that a few comments by a Realtor had such an impact on his development that it is reason to sue the Realtor? We live in such a sue-happy, litigous society that it’s scary just to voice your opinion. Whatever happened to freedom of speech? I mean, this is just one guy’s opinon and Hollo has the audacity to SUE him for $25 Million? My opinion of Tibor Hollo has just dropped substantially. If I ever see him in the VIP room of Miami’s Opera, which I frequent, I may just have a few words about this with him. The nerve!
It is obvious that Tibor Hollo is not an American, and sounds like he grew up in Nazi Germany. How dare he violate your rights to free speech! What is this man thinking. Sue him….join in a counter suit, you have nothing to apologize for. We are behind you. Judy
[…] Tower, LLC, sued Lucas Lechuga for $25 million in damages. Lechuga reported on his blog, “Miami Condo Investments Blog,” that Hollo’s company was delaying closings on its condominium project. Lechuga […]
[…] Tower, LLC, sued Lucas Lechuga for $25 million in damages. Lechuga reported on his blog, “Miami Condo Investments Blog,” that Hollo’s company was delaying closings on its condominium project. Lechuga wrote […]