Can a website owner be sued for allowing website users to write negative reviews about previous tenants?

In general, website operators are not responsible for statements posted on their sites. However, as attorney Levine pointed out, a specific answer to your question requires additional facts. Call an Internet attorney for a one on one discussion to answer your question. Best, Philip Bierman www.biermanlawgroup.com

It sounds like you are already aware there could be several issues with such a site. Regarding liability, there is no easy, quick answer as it will be based upon several factors. For example, will you monitor every post before posted, monitor no posts, only remove a post when it is flagged, etc. If you wish to go through with this, you should contact an attorney to review the specifics and advsie you.

As everyone noted, the protection of Section 230 of the Communications Decency Act, will insulate you from liability in many cases. You can minimize this risk by allowing consumers to post rebuttals or having some other procedure to address potentially BS reviews.

While Section 230 of the Communications Decency Act generally provides immunity from liability to providers of interactive computer services who publish information provided by others, the degree to which you screen and/or remove users' postings may expose you to liability from user-generated content on your website if someone makes defamatory or misleading comments (or worse). You should consult with an attorney versed in internet law.

Most websites like what you describe are going to be protected by the CDA (Communications Decency Act). This provides some base level of protection (but not fully immunity) for the owner of a site where others post the comments, so long as the website owner themselves are not the ones posting false or defamatory content. Having a well-written Terms of Use or Acceptable Use Policy, detailing what users are allowed to post and limiting your liability in writing is a start, more specific issues related to the individual facts of your particular website would be best handled by an attorney that you retain directly.

Are You Planning on Opening a New E-Commerce Website, App or Blog? There is much you need to know as you begin your new business. Further, your web site will need legal policies. I suggest you do not attempt to write your own legal policies. This is not where your training and background lie, and though you are probably as smart as an attorney, you do not have their experience. Below is a checklist for legal issues I use for new e-commerce clients. 1. Business Model – Is your idea viable as a web based business? Do you have a business model written out? 2. Business entity - Are you going to be a C corp, a sub-S, an LLC or a sole proprietorship? There are liability and tax issues that can dramatically affect how your business prospers and selecting the proper entity is a critical first step. 3. Terms of Service - This is your contract with your visitors and is the most important item for any e-commerce site. A little work here brings big dividends in the future. The absence of a written “Terms of Service” can expose your business and possibly you to both criminal and civil liability. 4. Privacy Policy - Every e-commerce site needs a Privacy Policy! Operating an e-commerce site without a Privacy Policy exposes you to civil and criminal liability. Further, the absence of a Privacy Policy will cause a red flag for many legitimate visitors who will not deal a web site not professional enough to have a Privacy Policy. 5. FTC guidelines - The FTC has been regulating business advertising for almost a century. All of their advertising guidelines apply to e-commerce sites. The FTC negotiates with established e-commerce businesses but new ones are frequently sanctioned with fines, etc. 6. Domain Name issues? Is your name available? Can you create a Trademark? Domain names, trademarks and service marks can become valuable assets but the failure to properly protect them may deprive you of much of their value. 7. Trademark - Do you have a brand name free from conflict? Should you start with just common law rights? When Should you register the mark? 8. Copyright - If it is on the web, it already belongs to somebody. Did you buy a license for the images you are using? Using copyrighted materials without proper licensing is not only expensive but under some conditions criminal. 9. Do you need a DMCA policy? This is a very inexpensive “insurance policy” which gives you a “safe harbor” from liability if your visitors post copyright material on your web site. 10. Web Site security issues? Ask Target, etc. if this is an issue. 11. Do you need and have an EIN? You can get that for free. If your business is a corporation (C or S) you need an EIN. Even if you’re a single member LLC or sole proprietorship, you’ll need an EIN to open your bank account. 12. Do you need an arbitration clause? Arbitration is not always pleasant but it’s cheaper and quicker than litigation. Further, an arbitration clause will create a barrier against any class action being brought against you. 13. Do you have employees? If so you need written policies regarding their authority and use of the internet. This can be part of your employee manual. 14. Do you know the difference between a "browser wrap" and a "click wrap" and which do you need? Using a click wrap will greatly decrease your liability. 15. Are you abiding by the Child's Online Privacy Protection Act (COPPA) rules? There are serious repercussions if you run afoul of COPPA. When I discuss this list with clients other issues arise. Finally, I always discuss with my clients their need for good accounting services. An accountant's advice as you start-up can save you many dollars in tax that you might not save if you wait to speak to an accountant until your first tax return is due. You may want to discuss your situation with a lawyer in more detail. Most lawyers on offer a free phone consultation.