避免歧视

Housing testing often focuses on 广告 and 美国职业足球大联盟 listings. But it can also attempt to uncover 歧视性的 actions during the real estate transaction.

Monahan suggests these actions to protect yourself and your clients:

了解法律. 德州2021十大正规彩票app经纪人®在这方面提供了几门课程. 访问texasrealestate.点击findaccourse查看即将到来的课程.

告诉别人你遵守法律. This can include posting 公平住房 signs from HUD in your office.

为所有人提供平等的服务. 州法律和REALTOR®道德准则要求这样做.

不要以为你知道买家的喜好. You may be trying to be helpful, but assumptions can lead to accusations of steering.

永远不要与歧视性卖家合作. If 卖家 have let you know they want to exclude certain groups or individuals, 不接他们的业务. 不值得冒这个险.

Not everyone who contacts you is a potential customer or client. Housing testers are people or organizations who check for compliance with anti-discrimination laws.

一些组织, 比如非营利组织和政府机构, 测试是为了确保公平对待消费者吗.

在德州更常见, 律师雇佣测试员来扫描美国职业足球大联盟列表, 广告, and print media to look for potential violations of the law that could lead to a monetary settlement.

Regardless of who’s testing, you and your firm need to ensure you’re complying with the law. Consider the following advice from representatives from The Herbert H. 土地保险代理公司, 是德州2021十大正规彩票app经纪人®风险管理合作伙伴, 以及Great American Insurance Group.

当测试人员调用时

Housing testers will act just like a typical customer or client. “一切从一个电话开始,里克·莫纳汉说, Divisional Assistant Vice President 在Great American保险集团工作. “他们可能会问非常尖锐的问题. 有些人甚至会亲自去见房产中介. After that, the law firm sends the letter 威胁 legal action.”

“Typically, the housing tester calls about one property and does not want to see any others. Then they’ll turn around and say ‘I was discriminated against’ if they find a potential violation on that one specific property,马特·埃曼补充道, 事业部副总裁, 专业责任科, 在Great American保险集团工作.

One firm hired people with vision impairments to flip through real estate websites, Ehmann says. “If they weren’t able to look at the listings or the tools were not there to guide them through the pages, the brokerages would get sued for discriminating against the visually impaired.”

You should share letters 威胁 legal action regarding 公平住房 with your broker and E&O立即提供. 一旦得知这封信,你的E&O provider will likely reach out to you to gather any emails, 短信, 或与交互相关的相关记录, 纳汉说. 您的提供者也可以代表您联系律师.

大多数E&O policies have a generous limit for discrimination claims and legal expenses, Ehmann says. Coverage focuses on violations of the Fair Housing Act or similar state statutes.

值得注意的是E&O policies and defenses pertain to unintentional discrimination. Intentional discrimination is criminal and not covered by your policy, Ehmann explains.

教育是关键

Brokers can reduce their risk by educating themselves and their agents about 歧视性的 practices.

Once you know what is 歧视性的, keeping that top of mind is key. Always look at your ads and double check them for violations, according to The Herbert H. 土地保险代理公司. Make sure your legal guidance is up to date; things can change and mistakes can be made.

Brokerages can consider adopting guidelines and templates for consistency.

Brokers may want to review the ads with 公平住房 in mind as another layer of protection even if someone else in the brokerage has screened them, 纳汉说.

If a landlord or seller wants to do something that discriminates against a protected class, you should explain what the protected classes are in the Fair Housing Act and why you can’t include certain restrictions.

Discrimination claims can also show up in other lawsuits and complaints. 那就更有理由防范了. “如果交易中出现了问题, parties may be much quicker to say the deck was stacked against them,埃曼说.