Can I get sued if I post an accurate but highly unfavourable review?

Hi,

I've had some very bad repair work carried out on my home, by the builders next door who caused the damage.

It's been a total nightmare getting them to fix the damage (it's superficial, so I can live with it), and getting them to fix it properly is just going to cause stress, as they never turn up when supposed to, cause a mess etc...

However, I am quite confident that I can write a page about them (containing an honest account of what happened), and optimise it to come top of a google search for their name in a google search.

My question is, what is my legal position regarding this issue? I only intend to write an accurate description of what happened. Companies get bad reviews all the time, but I don't know what the status is regarding individuals writing bad reviews that happen to appear at the top of a google search.

Thanks,

fcmisc.

P.S. I'll chat to a lawyer about this on Monday, but would like to start planning my SEO campaign this weekend as I'm very busy next week.

 

The short answer is Yes you can be sued. Anyone can sue anyone for any reason.

The real question is will someone sueing you be successful.

 

As long as you have the proof that you aren't committing liable(sp?) then you should win. I don't know if they would chose to waste the money or not. They might sue you though, so kept good records.

 

Opinion isn't libelous. Make it apparent its your opinion and you can say just about anything you want Add pictures and you are doing even better.

 

Crack on - name and shame the scummers! As lorien has said you can't be sued for voicing an opinion based on your own experiences. The truth is the truth whether whispered or shouted (the tag line on my blog). Make sure you leave the link on here so we can read all about them!

 

Freedom of speech isn’t what use to be, so I really don’t know. Talk to your lawyer that’s your best bet

 

That is about the best advice you are going to get.

The truth is always a good defense for a charge of libel or slander but why not just make it an informed opinion.

 

Better if you could find a site that already has reviews of rogue traders and cowboy builders, and then help the owners to optimise that.

It might not look as much as one person's vendetta then and you may have the added benefit of strength in numbers!

 

You can be sued possibly. But if its true you would win. You are not guilty of libel, defamation, etc if what you say is true.

 

Yeah. I was thinking that might be safer. I've posted an honest review on a reviews website and was thinking of pointing a bit of coop weight at it.

Another idea I've had is that if I can get the site to the top of google, I can stick adsense on it to get some cash to pay for the problem to be fixed properly. Once I've recouped the cost I'd then donate any further income to http://www.dogshome.org/.

 

As long as everything you post is true and can be backed up with evidence then you shouldn't be in any trouble. You are entitled to your opinion and facts are facts.

 

The problem is when it comes down to it, it's you word against theirs. Slamming them online easily constitutes defamation in the eyes of the law. Of course if they are silly enough to sue you a public defence is always the best defence: local TV/ Radio/ Print Media...even Current Affairs shows that specialize in dodgy tradesmen (theres a couple of good ones in Australia for example), so they'll regret ever having done the wrong thing by you

 

I'm unsure of the specifics in your situation, but if it's applicable, you may wish to file a complaint with The Better Business Bureau.

I've searched the net for complaints about online companies, but when it comes to real life, I generally rely on word of mouth (as it's local) or I check the BBB (which I ALWAYS do before inviting a repairman to my house).
Q

 

Everyone can sue for everything.

 

Killling 2 birds with 1 stone like than mights seem like a good idea, but in the unlikely chance that they were to sue you, making money from the domain suggests being registered in bad faith, and would likely go against you.

Think like a lawyer (i know it's difficult to sink that low ) and imagine what they could come after you for.

I much prefer your idea of throwing some weight at another site unrelated to you.

 

That's a good idea. But the repairs were carried out by the guys who caused the damage, who offered to fix it once they knew it was there. I guess I could have got someone else to do it, but then what guarantee would I have that the neighbours would pay the bill?

 

If the repair work was bad, then it still should apply, regardless of who was paying for it. If a company is doing a shoddy job then they should be accountable, and if you are going to go through all the trouble of blogging about the company, then take a few extra moments and file a complaint. A bad review about them only will go so far, as many people do not search for random rants...but many people do check the BBB (I do both).

If the company already is in good standing with the BBB then they get to post stickers in the window and place logos on their site. With enough complaints, by law, these must come down.

So if you are wanting to hit them, attack from all angles...unless of course, you are just wanting to get good serps or maybe a few adsense hits, then *shrug*

You could also likely write a letter to the editorial sections of the local news papers. They are posted for free in most instances, and this will have a large impact on a local level...and if worded correctly could even include a link to your page
Q

 

defamation - search for this in google... thats the only way u can get sued.

 

The Better Business Bureau is mostly useless for complaints. All the company has to do is respond to the complaint and the BBB considers it settled.

If your state regulates contractors you can file a complaint against the contractor. The state will then arbitrate the matter.

I am not a lawyer this is not legal advice. The problem is that it is a value judgement on whether the repair was done adequately or not. You say it wasn't, the company feels it was.

You might consider filing in small claims court. Get an estimate of what it would cost to fix the damages and use that dollar amount in your claim. Filing fees for small claims are around $25 to $50.

Dee Power
http://www.58waystofindmoney.com

 

Alas the BBB is for US residents. And I'm from the UK. I'm going to file a complaint to their trade body to sort this out.