Wednesday, January 14, 2015

Real Estate Agents Must Obey The Fair Housing Act in Hendersonville, North Carolina

     In 1866, Congress passed a law that made it illegal to discriminate based on race.  In 1968, Congress passed a law, the Fair Housing Act, that made it illegal for anyone anywhere in the United States of America to discriminate based on race, religion, sex, national origin, color, familial status of handicap.

     When customers are working with Realtors, they need to understand the position that this puts the Realtor in. It is a violation of federal law for a Realtor to discuss race or sex  or religion  or national origin etc.  of the neighbors in a residential transaction.  Your real estate agent may or may not agree with the law.  They are bound to obey this law.  The consequences of disobeying this law are severe.  Often, Mr. Customer can not understand why Mr. Realtor will not answer his questions about whether or not there are lots of kids in the neighborhood.  Mr. Realtor will not answer your question about kids in the neighborhood because it is a violation of the Fair Housing Act to discus "familial status".  Mr. Realtor will not discuss race or religion or any of the other protected classes. It is a violation of federal law for Mr. Realtor to discuss this with you.

     Customers ask Mr. Realtor,"Is this a good Christian neighborhood?"  Mr. Buyer is not violating the law by asking but Mr. Realtor is violating the law, the  federal Fair Housing Act by answering.  A smart Realtor will tell his customer that he can not discuss these matters and take this opportunity to explain to his customer about fair housing.  It is the law.  It is not PC.  Don't be mad at your real estate agent for obeying the law.  Mr. Buyer is not violating the law by asking but Mr. Realtor is violating the law if he answers these questions.

     However, Mr. Seller would be wise to read this article twice as well as get plenty of more information about the Fair Housing Act.  If Mr. Seller instructs his real estate agent that I do not want my house shown to people of a certain religion or to people from a certain country, Mr. Seller is violating the Fair Housing Act by making this request.  A smart Realtor will advise his client, Mr. Seller that he can not accept that instruction to break the law.  He will ask the seller to please withdraw that instruction.  If Mr. Seller insists on discriminating even after his Realtor has told him that this is unlawful, a smart Realtor will withdraw from this relationship.  You can always find another customer.  It is hard to find another North Carolina real estate  license.  The truth is, if Mr. Realtor conspired with the seller to violate the Fair Housing Act, losing his real estate license would be the least of his problems.

     If a lawsuit should occur, it will occur in federal court.  Federal court is more expensive than local court.  Ask you attorney.  Understand this law.  Understand that your real estate agent has no reasonable choice but to obey this law.  Do not be mad at your Realtor.  She probably wasn't even born when this law was passed.  If you are looking to buy or sell a house in Hendersonville or Saluda or Tryon or Columbus  or any where else in western North Carolina, contact me, Ron Climer at 828 290 1245 or   828 755 6996 or www.ronclimer.com              www.hendersonvillekw.com

No comments:

Post a Comment