New Hampshire was sued on Tuesday by a Web site, based in Massachusetts, that helps people sell their homes. The company claimed that requiring it to become a licensed real estate broker violates its free-speech rights.

Founder Ed Williams, said that ZeroBrokerFees.com is an advertising service that should be treated just like newspapers that publish real estate ads in print and online, not like a broker.

There are charges starting at $49 for each ad, depending on how many photos and other views are included that are collected by the site. Real estate brokers usually charge 6% of a home’s selling price for individualized services, which typically include repeatedly showing the home to prospective buyers.

ZeroBrokerFees.com, based in Beverly, Mass., accepts ads from all 50 states, but has been reluctant to advertise in New Hampshire for fear of being sanctioned, Williams said. Recently, the company decided to sue rather than wait, he said. Its lawsuit, filed in U.S. District Court, seeks to have the law declared unconstitutional and prevent its enforcement.

The Institute for Justice, a libertarian public interest law firm based in Arlington, Va., is assisting in the suit. Members of the state Real Estate Commission and the state attorney general are named as defendants. They did not respond immediately to messages seeking comment.

By M. Sese
http://realestatepress.org