Advertising – Choosing Your Words

by | Sep 24, 2015 | Legal Tips

An agent asked if she could tell a client that a particular house was in a great neighborhood for children. She was concerned that the comment could violate Fair Housing rules. I reminded the agent that familial status is a protected class. Familial status means a household that includes a parent or custodial guardian with at least one person in the household under the age of 18.  An agent or seller may not treat families differently.

However, it is not discriminatory to tell a client that a house is in a great neighborhood for children, family friendly or other children live nearby.  First, the comment is not being made to discourage the family from buying the house but is rather being made to encourage the family to make an offer.  Secondly, people without children are not a protected class so it is not discriminatory to mention families that live in the subdivision.

I hope this tips clarifies a confusing rule for you.

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