Contact Us

First Name *
Last Name *
City *
Email Address *
Phone *
Message*

Captcha code*
click here to refresh
 
Others
Fair Housing Laws & Disclosures

Make sure you don't run afoul of federal and state laws regarding the advertising and marketing of your home.

When selling your home, you need to be aware of some of the rules of the road regarding things like fair housing laws and disclosures. You will definitely come across a variety of people while advertising your home for sale by owner. All of these people, simply put, will not look just like you. You may come across with people of various ethnic groups or nationalities, people of various race, or even disabled people or handicaps.

You may face situations can arise where it can be a violation of law for discrimination against different types of people, especially concerning housing. Most types of housing are covered under these laws with the exception of those dwellings that operate under shelter laws, for instance solely for battered women or for the hearing impaired.

Under the Fair Housing Laws, it is illegal to show discrimination based on someone's color, creed, nationality, handicap, sexual orientation, etc..

  • Refuse to sell or to rent housing
  • Refuse to negotiate for housing arrangements
  • Deny a dwelling
  • Make housing unavailable; set dissimilar terms, conditions or privileges for sale or rental of a dwelling
  • Provide differing housing services
  • Claim falsely that housing is not available for rent, sale, or inspection; persuade owners to sell or rent, which is known as blockbusting
  • Deny access to membership in a service and / or membership related to the sale or rental of housing

If any of above is violated, it can result in prosecution and criminal charges being brought against the violator. The same or similar criteria are followed for mortgage lending for buying a home.

Prohibition against Discriminatory Advertising

According to the clauses in the laws, it is illegal to threaten or coerce, to intimidate or interfere with any person, who is exercising a fair housing right. In addition, you may not advertise or in any other way make any statement that shows a restriction or preference based on race, color, sex, nationality, religion, handicap, etc.

Single-family as well as owner-occupied homes come under this prohibition against discriminatory advertising otherwise exempt from the Fair Housing Act.

As a seller, you should treat each and every individual who is interested in your home with dignity and respect. It helps to think of everyone as a human being instead of seeing them as being undesirable if they do not look like you.

With the legislation that exists, it is best to treat the home selling process as a business deal with all seriousness and gravity instead of allowing your personal preferences to come between your deals, since this is counter-productive to the ultimate goal: selling your home. Your advertisement in newspaper as well as other methods should be directed to the general public with the only descriptive language used being the language, which illustrates your house alone. Your ad must explain the location of your home and particularly do not illustrate what "type" of person you would like to become interested in your house. There might be only the technical difficulties of closing the transaction if you follow these guidelines correctly, instead of the complex ones dealing with offensive and discriminatory practice.

Seller Property Disclosures

Does your state law require that you give potential buyers one or more property disclosures when you sell a home?

Disclosures typically deal with the condition of the property or facts about its location, such as:

  • Age of the home and its components
  • Whether problems exist with any component
  • Existence of encroachment or boundary issues
  • If the house is in an airport flight path
  • If the house is in a flood zone
  • If the house is on earthquake fault
  • Any other issues relative to your specific location

Don't assume that disclosures are only necessary for homes listed with real estate agents. For sale by owner sellers must usually furnish them, too. Even if a formal disclosure isn't mandatory, you are probably required by law to tell your buyers about known problems, often referred to as material facts, which may affect value and salability. To learn more about seller obligations, contact the agency that oversees real estate transaction in your area.

Lead Paint

If your house was built prior to 1978, federal law requires that you disclose that the home could contain lead based paint and give buyers details about past tests for lead paints. You must also offer buyers the opportunity to do their own lead paint testing. Most people don't perform the tests, but you must furnish them with a lead paint pamphlet, which is available free online from the EPA. Failure to comply with this federal law may result in a $10,000!

I would suggest that you talk with a real estate attorney to see which of these rules apply to your particular situation.