Tag Archives: Fair Housing

Focus on WHAT Your Buyer’s Offer Is, Not WHO They Are When Selling Your Home (Unless You Want a Lawsuit)

05 Monday Jun 2023

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There can be some emotional attachment when people sell a house, since it was usually the person’s home. So it’s understandable that a homeowner might want to know that the buyer is someone who’s going to love and appreciate their home moving forward, which is why many buyers have written so-called “love letters” to go along with their offers over the years.

The “love letters” aren’t just objective data and facts; they’re a peek into who the potential buyer really is and are written in hopes of swaying the seller to accept their offer by tugging at their heart strings. Sometimes it’s to give them an edge when there are other offers to consider, or it could be to convince the owners to take an offer they’d otherwise balk at due to a less than desirable price, contingencies, or terms. 

But those letters have come under scrutiny in the past few years. Oregon went as far as banning them in 2021, because they were trying to prevent discrimination which can occur when a seller considers who the buyer is, rather than just the price and terms being offered. A federal court ended up ruling the ban to be a violation of First Amendment rights, so they’re legal again, but it’s a good reminder to think about how easy it can be for someone to cross the fine line into discrimination.

You might be the most accepting, unbiased person in the world, but there’s always that chance that the human tendency to identify with someone could sway your judgment. And sadly, there are still home sellers out there who would deliberately choose to discriminate against someone who wants to buy their house because they’re different from them — even if it’s the best offer.

But discriminating against a buyer because of who they are isn’t just morally wrong, it’s illegal. 

What Can’t You Discriminate Against?

To keep it as simple as possible, the only things you should be considering about a buyer are the price and terms they’re offering. Are they acceptable to you or not? If you have multiple offers to consider, are they the best price and terms out of all of the other offers? That’s the simplest way to avoid even the possibility of discriminating against a buyer.

But it’s not always possible to be completely unaware of who the buyer is. For instance, sometimes you meet them or see them when they come to look at your house. Or they submit a letter with personal details, as mentioned above. 

In case you do get to know who your potential buyer is, you should know that The Fair Housing Act makes it illegal for you to discriminate against anyone based upon their:

  • Race
  • Color
  • Religion
  • Sex (including gender identity and sexual orientation)
  • Disability
  • Familial status
  • National origin

Those are the protected classes on the federal level, but many states have even broader laws. 

Discrimination Isn’t Just Wrong, It Can Cost You…

Making a discriminatory decision isn’t just wrong to do, it can have legal and financial consequences.

If you’re found to have violated the Fair Housing Act by the US Department of Housing and Urban Development (HUD), among other things, you can be ordered to:

  • Compensate the victim for actual damages, out-of-pocket expenses, and emotional distress damages.
  • Pay their attorney’s fees.
  • Pay a fine of between $16,000 and $65,000, depending on the number and frequency of your violations.

In addition to HUD, the person you discriminated against can bring a civil suit against you to pursue further damages and costs. 

Your Real Estate Agent Can Help You Stay Out of Trouble

Every real estate agent should be very much aware of the Fair Housing Act and make sure you don’t violate it. But if you hire an agent who’s willing to help you ignore it or violate it, you’re asking for trouble. 

While all agents have their own way of doing things, if you want to avoid any hint of discrimination, you might ask your agent to only divulge the objective facts about the offers you receive. 

The Takeaway:

Discriminating against a buyer because of who they are isn’t just wrong, it’s illegal when selling your house. The Fair Housing Act makes it against the law to let anyone’s race, color, religion, sex, disability, familial status, or national origin impact whether or not you accept their offer. 

To avoid any hint of discrimination, focus on what the buyer’s offer is — the price, terms and contingencies — and not who they are.

Get in touch today – Kevin and Jennifer Hanley, REALTORS The Hanley Home Team of Keller Williams Realty Atlantic Partners Southside 904-515-2479 HanleyHomeTeam.com

Among so many things, Dr Martin Luther King, Jr was important to real estate, too

18 Monday Jan 2021

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Fill in the blank…

“I have a _________…”

It doesn’t take a psychic to know what word you chose.

Was it “dream”?

Good chance it was. We all know this line from Martin Luther King, Jr.’s famous speech. So when we hear those first three words, it sort of naturally comes to mind.

But what many people aren’t aware of is how much he affected the lives of real estate agents, buyers, and sellers.

It was his death that gave Congress the last push needed to pass the Fair Housing Act, back in 1968. It’s pretty involved, but to put it simply…

This was put in place to ban racial discrimination in housing. You can’t be refused the rental or purchase of a house, based upon your race.

Seems simple enough to most people now. A given, if you will. But it didn’t happen overnight. And believe it or not, it still can and does come up.

But guess who’s a big part of making sure this Act is followed…

On the front lines, it’s real estate agents. We’re tasked with making people aware that discrimination based upon race (and many other things) are not acceptable, and they must refuse to work with anyone who wants to do so.

Real estate agents are proud to be a part of this ongoing history.

Today is the day where we take a moment to reflect and pay him respect. It’s also a good day to share some insight into how much more responsibility real estate agents have than meets the eye. He has made us all better people and professionals.

April Is Fair Housing Month, Focus Is on Harassment

10 Friday Apr 2020

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woman sitting on wheelchair while using laptop

Photo by Marcus Aurelius on Pexels.com

Saturday, April 11, marks the Fair Housing Act’s 52nd anniversary. Now, more than ever, it’s time to reflect why “we the people” must advance together as one nation.

In April, the U.S. Department of Housing and Urban Development (HUD) observes Fair Housing Month. The theme for the 2020 commemoration is Call HUD: Because Sexual Harassment in Housing is Illegal.

HUD says that theme serves a dual purpose: First, it’s a public awareness campaign that urges sexual harassment victims to “Call HUD” for help. Second, it reflects the Department’s continuing efforts to combat this and other forms of discrimination.

A detailed look at the Fair Housing Act and the Florida Civil Rights Act, including legal information on “testers” and 55-plus communities.

The National Association of Realtors® (NAR) joins HUD every April in commemorating Fair Housing Month, though the COVID-19 pandemic puts an unusual spin on it for 2020.

“Why think about fair housing in the middle of the COVID-19 crisis?” NAR asks in a release.

“Now, more than ever, is precisely the time to reflect on why the people of this country must advance together, as one nation. We cannot defeat coronavirus without foregoing our individual preferences and putting the health of the community first. And when the best public health advice is to stay in our homes, we are all at risk when the vulnerable among us confront the prospect of losing the roof over their heads.”

Many Americans lost jobs as the pandemic grew, notably those in the low-wage and service industries. In many cases, they have nothing to fall back on.

“Many face increased threats of evictions or foreclosures,” NAR says. “Some face xenophobic threats or violence. Many must take on increased unpaid caregiving work and have difficulty accessing necessary services. As community leaders, Realtors must ensure that we ease these burdens and move forward together.”

HUD says this year’s specific theme “focuses on protecting individuals from harassment by property owners, managers, maintenance workers or other residents, and helps to educate the public about what behaviors and actions constitute sexual harassment and what resources HUD offers to those that experience harassment.”

“This theme, which is a call to action, is an appeal to those who experience discrimination, particularly survivors of sexual harassment, to contact HUD for help,” says HUD Secretary Ben Carson. “Much work remains to be done, but HUD’s efforts in this area are already producing real results for real people.”

“Even as the nation is dealing with a health crisis unlike any we have experienced in recent history, HUD is open for business and working to ensure that no one has to tolerate harassment or unwanted sexual advances in the place they call home,” adds HUD Assistant Secretary for Fair Housing and Equal Opportunity Anna María Farías.

This year, throughout the month of April, the “Humans of HUD” photoblog will feature stories from victims of sexual harassment in housing, highlighting the personal testimonies of survivors and those who helped them. FHEO will also be promoting its popular “Real People. Real Results.” (RPRR) series, which highlights the fair housing efforts of extraordinary people around the country. Every week in April, HUD will feature a fair housing hero who combats sexual harassment and other forms of harassment in housing.

Every year, HUD and its fair housing partner organizations pursue enforcement actions, work to enhance the public’s awareness of their housing rights and emphasize the importance of ending housing discrimination. Last year, the Department charged Facebook with violating the Fair Housing Act by encouraging, enabling, and causing housing discrimination through the company’s advertising platform. Overall in 2019, HUD and its partner agencies settled more than 600 complaints alleging discrimination based on one or more of the Fair Housing Act’s seven protected classes.

Dr. Martin Luther King Jr. said, “The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”

Realtors are community leaders who work to expand homeownership, build thriving neighborhoods, and uphold the highest ethical standards, NAR says, urging Realtors to continue to be those kinds of leaders in April and beyond.

© 2020 Florida Realtors®