The Fair Housing Act – What Your Real Estate Agent Can and Cannot tell you

Have you ever asked your real estate agent specific questions about a neighborhood, or perhaps asked which neighborhood is better, only to be met with an awkward glance before you were directed to go to the community’s website?

There is a very good reason your real estate agent didn’t answer your questions, and it isn’t because they were being rude, or didn’t know. The reason your real estate agent didn’t answer your questions and won’t answer them is because of the Fair Housing Act. The Fair Housing Act was put in place to prevent “steering” of home buyers to certain areas and neighborhoods.

All real estate agents will be well-versed in what steering is, ad all real estate agents should take the Fair Housing Act very seriously.

What your agent cannot tell you

While many people think steering is solely directed at race, there are many more protected classes involved, and agents should be forthright in saying what they cannot advise you on. Whether the information would be based on opinion of factual data, it is up to the home-buyer to seek out the information on their own. An agent cannot inform, advise, or suggest to you on any of the following:

• Race
• Color
• National Origin
• Religious Preference
• Sex
• Familial Status
• Handicaps

In addition, and subject material which can allude to or possibly broach on the subject should be avoided. This would include almost any demographics available. The agent will also not provide information on preference of areas or neighborhoods. 

What your agent can tell you

The laws are in place to ensure that all home buyers have the ability to make a reasonable and conscious decision, without the bias of a third-party swaying them in any direction. Most subjective questions will not be answered by your agent. However, a good agent is not only fully aware of their limitations, but will have done their own homework and can provide you with links, information, and suggestions on where you can find out the statistics yourself.

Remember that buying a home is a collaborative relationship between you and your real estate agent. The agent is responsible to help find a home that fits your basic house criteria, and arrange to view the home as well as purchase the home. However, they cannot offer advice or suggestions that could lead to steering you to, or away from a home or neighborhood.