How good are you at differentiating what violates fair housing laws?
Each of the following statements was taken from an online “buyer love letter” template for agents. Can you identify which items are a violation of the fair housing laws and if so, what is the nature of the problem?
To the family at 326 Oak Lane.
The key word here is “family.” The problem is what if the household is composed of three people who are unrelated, or the seller is someone who lives alone? A better approach would be to address the letter to either the “sellers” or “owners.”
This violates fair housing laws.
This doesn't violate fair housing laws.
The header at the top of the letter says: “Hi we are the Johnsons” and shows a picture of an African American family with two young children.
When you include a picture of the buyers, you provide a means for sellers who may have a conscious or unconscious bias against a wide variety of the protected classes based upon race, color, sex, familial status, age and disability. To avoid these issues, stop using photos of your buyers on any letter to the seller.
This violates fair housing laws.
This doesn't violate fair housing laws.
The buyers are well-qualified, have excellent credit, and have been pre-approved for a loan sufficient to buy your property. (Copy of pre-approval letter enclosed.)
This violates fair housing laws.
This doesn't violate fair housing laws.
The location of your home is ideal for us, plus we really love your kosher kitchen.
Any reference to religion is prohibited. Rather than mentioning the kosher kitchen, a better approach is to say, “The buyers really love your upgraded kitchen, especially the two refrigerators and two dishwashers.” In other words, focus on the features, not on who will be using them.
This violates fair housing laws.
This doesn't violate fair housing laws.
The buyers are currently renting and can close this transaction on or before May 25. They will be putting 25 percent down which includes an earnest money deposit of three percent. (Copy of check attached.)
This violates fair housing laws.
This doesn't violate fair housing laws.
Your house fits our needs perfectly, and we plan to keep it just the way it is!
This violates fair housing laws.
This doesn't violate fair housing laws.
The buyers’ parents are from China and speak very little English. They’re excited to move into a neighborhood where they have neighbors who also speak Mandarin.
While those who do not speak English as their first language often prefer living in areas where others speak their native language, this is exactly the basis of the Newsday investigation that showed agents often steered their clients to areas where there were “more people like them.” For example, a family from outside the U.S. may prefer selling to another family from their same country of origin. Agents must proactively avoid making any reference to the national origin of any buyer or seller.
This violates fair housing laws.
This doesn't violate fair housing laws.
We love your home! It’s easy to see the love and care you put into making this house so warm, special and inviting.
This violates fair housing laws.
This doesn't violate fair housing laws.
We really appreciate what you’ve done with the drought-friendly plants in the front yard, the redwood deck and all the beautiful fruit trees in the backyard. What a great place to unwind after a long day!
This violates fair housing laws.
This doesn't violate fair housing laws.
Joe and Sally are expecting their third child and can’t wait to decorate the spare bedroom as a nursery for their new baby.
Fair housing laws prohibit agents from making references to “familial status.” For example, a seller may be more prone to sell to a young family with their second baby on the way rather than a gay couple or someone who is single.
This violates fair housing laws.
This doesn't violate fair housing laws.
My clients are baby boomers who are downsizing from their large family home. Your lock-and-leave home in this beautiful 55+ community is perfect for them.
This question raises some interesting issues. You are not supposed to reference familial status or age, but you can legally discuss age restrictions for 55+ communities.
To avoid having issues with Fair Housing, a better approach would be to say, “My buyers are downsizing from their current 4,500 square foot home and are excited about moving into a lock-and-leave community where they can travel more.”
This violates fair housing laws.
This doesn't violate fair housing laws.
The buyers are avid gardeners who are excited to grow their own fruits and vegetables in the big backyard.
This violates fair housing laws.
This doesn't violate fair housing laws.
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