Property Manager Van Nuys
What Your Real Estate Agent Can’t Tell You
Your real estate agents can’t talk demographics, schools or crime, but there are ways to voice your needs and wants in ways that don’t violate fair housing laws.
You could ask your real estate agent, “Is this a good neighborhood?” But don’t expect a straight answer.
Your agent isn’t purposely giving you the run-around. Certain details about a neighborhood or community can violate the Fair Housing Act, which was enacted in 1968 to eliminate housing discrimination. The law protects against discrimination based on race, color, national origin, religion, sex, disability or family status. In particular, it prohibits any real estate professional from steering prospective homebuyers or renters toward or away from a community based on any of the classes under federal protection.
Essentially, Fair Housing aims to provide equal access to housing for all groups of people and safeguard from discrimination. But even with the good it does, it can be frustrating for prospective homebuyers who get tight-lipped answers from agents.
Voicing an opinion about a neighborhood, even done unconsciously, can violate the law. For example, an agent might say, “This neighborhood is great for young families.” The comment implies the neighborhood demographic consists of parents and kids. Unmarried individuals or older couples may be inclined to pass on a house because they feel the neighborhood doesn’t cater to their lifestyle. If that was the case, the agent would be violating fair housing laws.
John Relman, a real estate attorney and managing partner of Relman, Dane & Colfax PLLC in the District of Columbia, explains real estate agents often give vague descriptions and answers to avoid violating the law. “[An agent] could say something and not intend to indicate a preference,” Relman says, but if a homebuyer interprets the comment another way, the agent could be violating the law.
Crime statistics and details about schools can be interpreted as references to race – a violation of the Fair Housing Act – which is why Relman says a real estate agent won’t tell you about crime in a neighborhood.
The law also applies to selling a home. For instance, a real estate agent cannot cater to homebuyers of a certain race or religion, even if the seller requests it. If the agent does, with or without the instruction of the seller, both parties are liable for fair housing violation, Relman says. If found guilty of violating the law, you could end up paying the victim to compensate for damages and housing, the government for civil penalties and the attorney for fees and costs.
From: https://realestate.usnews.com
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