Real Estate Issues
Bullying and scare tactics: Another example of "Just because it is stated, doesn't mean it is legal."
A win for freedom of speech-
A win for freedom of speech-
Settlement with Indianapolis home builder protects Hoosiers’ rights to freely share customer reviews
Attorney General Todd Rokita has obtained a settlement with an Indianapolis home builder resolving allegations that the company illegally included a gag clause in contracts that imposed $2,000 fines on homebuyers who made statements portraying the company “in a bad light.”
As part of the settlement, Davis Homes has agreed not to interfere with customers’ liberty to speak freely about their experiences. The company denies the allegation that it violated the Consumer Review Fairness Act and admits to no other wrongdoing.
“Under the law, Hoosiers have the right to share their opinions about products and services,” Attorney General Rokita said. “With this action, we are protecting that right.”
The Consumer Review Fairness Act of 2016 makes it illegal for companies to include in form contracts a provision that restricts a consumer’s ability to communicate reviews or assessments of a seller’s goods, services, or conduct. The Act also outlaws imposing a penalty or fee on any consumer who does make a review or assessment of a seller.
Before obtaining the settlement, Attorney General Rokita’s team also alleged that Davis Homes violated the Indiana Deceptive Consumer Sales Act with its contract language.
The Assurance of Voluntary Compliance requires the home builder to immediately end the use of the offending clause in its consumer contracts and to not attempt to enforce the clause on anyone who has already signed a contract with the builder. The home builder is also required to notify consumers who recently signed a contract with the builder that the clause is null and void.
Any Indiana consumers who signed a contract that contains a similar clause restricting or penalizing their ability to give honest reviews of a business can file a complaint with the Consumer Protection Division of the Indiana Attorney General’s Office at IndianaConsumer.com or by calling 1-800-382-5516.
02/07/2025
I have not done a serious analysis of the vacation/short term rental (Airbnb, Vrbo, etc.) situation here as of yet. Thus I am agnostic on the issue at this point. In the meantime it may be interesting to shine some light on the more salient actions taking place in real estate here in Miller Beach, such as:
Here is house-for-sale listing that you may find interesting depending on your perspective regarding short-term rentals in Miller.
Stunning, unique, income producing, these are just a few of the features you will see in this incredible property. It was used as a short term rental and was extremely profitable. More recently, it was a full time rental with two units. The downstairs 1 bedroom apartment which would be a 6th bedroom. Directly across the street is the Nelson Algren and Simone de Beauvoir cottage, well known to fans of the two famous authors. Also across the street is the park path to the Marquette Park Lagoon and Lake Michigan beyond. Flexible floor plan for multiple bedrooms. Check it out!
The agent (Gene Ayers) who posted this obviously supports increasing short-term rentals in Miller Beach.
https://www.zillow.com/homedetails/6225-Forest-Ave-Gary-IN-46403/73339797_zpid/
Some time has past since the above was posted, and Ayers Realtors lost the listing. The property owners went with a different real estate agent. The description is much different now (02/07/2025).