I noticed Heather Oberhau when she got into a heater exchage on one of my controversial (oh, well...) blogs. Not only it was flattering that she one of very few people who agreed with me, but she showed a very independent mind and strong conviction.

So, I ventured to read her blog, and it happened to be Ew! Dahling, you don't want to live THERE!  I was reading it, and felt like a rush of cold air was creeping up my spine, and a sudden emptiness in the stomach. How on earth could I be so dangerously wrong all the time?

Comments did not help, there were too few, and those were "Oh, yeah". That was a shock, even if only for the moment. 

The blog is about what we, as agents are allowed to say about neighborhoods. Here's what Heather wrote: "REALTORS are bound to uphold the Fair Housing Laws, and one of those has to do with something called steering.  Steering is when a REALTOR will try to guide someone to a neighborhood, school district, area, price range, etc, based on their own personal opinions." She said that no matter how we might want to help our clients, we can't say anything about the neighborhood, and the only thing we can do is to direct them to other sources, like police, School district, etc.

A lawyerBut this is what I do. When people call me, one of my first questions would be whether they have kids, and what ages they are, as this would prompt me to suggest some neighborhoods over others. And often this is why they are calling me, because they do not know the area, and they want my input and my opinion on where to buy a home/condo. For me it does not make any sense not to be able to give them such information.

But wait a minute. Let me read that again. "Steering is when a REALTOR will try to guide someone to a neighborhood, school district, area, price range, etc, based on their own personal opinions". But this is a wrong definition of steering.

I Googled it and here's what I found: Steering is"...the illegal funneling of home buyers to a particular area based on the desire to keep the makeup of that neighborhood the same or intentionally change it."

But this is a different definition. So, if my opinion is based on the school performance, and when all kids in neighborhoods/communities south off This and This Ave go to one school, and all kids living north of This and This Ave go to another school, and the Buyer likes the performance of one over the other, what part of it is illegal? What does it have to do with the make-up of the neighborhood? It is not even a "subtle" thing where the economics determine it,because on both sides there are more expensive communities, and neighborhoods, and less expensive. And I have clients who are buying under $100K in the neighborhoods with better schools, because they have children and their education is important to parents.

When potential buyers call me, I do not know their race, or national origin, or their religious preferences, and I do not care about them... As long as it does not affect protected classes, which are:

  • race
  • color
  • national origin
  • religious preference
  • sex
  • familial status
  • handicaps
  • I can help my clients. And I will.

    I think I am color blind, so when I look for a neighborhood, it is based on the price range, location, schools, whatever my client wants and can afford, for as long as I am not steering, i.e. "illegally funneling home buyers to a particular area based on the desire to keep the makeup of that neighborhood the same or intentionally change it."

    Yes, we have to uphold the Fair Housing Laws, but it does not mean that we have to shut up, and not help our clients.

    What other value besides knowing the area do we bring to the table, if we shut up? People are coming to us for our opinions, which are the result of years and years of experience. That is what we charge them for.

    Do you want to be a robot? 

     
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    7 Comments on Keeping Your Mouth Shut Is Not Always A Virtue

    JUN
    20
    649,024 Points 104 Featured Posts Localism Sponsor Outside Blog Hit Router

    Jon- The way they tie our hands and feet then expect us to swim is amazing. Very sad.

    We met with a Rabi once. He was an orthodox Jew. His criteria was that he had to be within a certain amount of feet from a synagogue because he has to walk there each Sabbath. They are not allowed to drive on the Sabbath. So I am not supposed to show him homes that meet his criteria?

    You see, Religion is on that list. But I am supposed to show him everything far away from his synagogue? What a waste of his and my time and what an insult to him as a customer.

    I think that sometimes it just goes too far. Like families, now some mls say you can't say family room anymore. We just take it too far.

    Sometimes people just need to get a life. Katerina

    2:07pm • #1
    3 Featured Posts

    If someone tells me what they want or don't want, that is what I will show them.  They will be upset with me if I show them areas/towns/sides of the lake/mountain that they don't want to be in.  If a Rabbi said he needs to be closest to the synagogue, you didn't steer him there, he did.  That was his requirement for purchasing a house.  You are following HIS wishes, not yours, so that can't be steering.

    2:15pm • #2

    All this political correctness is starting to really go overboard.

    2:20pm • #3
    293,692 Points 3 Featured Posts

    Iran is getting it right, maybe Americans can follow their lead toward political correctness. Americans need to take it to the streets to get Congress attention.

    2:46pm • #4
    5 Featured Posts

    I really hate the way they have some of these rules set up to....it's not protecting anyone, just wasting a lot of time.

    3:05pm • #5
    142,231 Points 13 Featured Posts

    John you can have an opinion, you just have to have a consistent opinion.  You can't tell black people one thing and white people another thing.  Have an opinion, based on FACTS, and share it the same with everyone.  If someone says, "I want a good school district"  I will know based on school report cards, which schools get strong to exceptional ratings. I'll share those sources with a client and go forward.  My opinions of good schools are supported by the facts put out by sources.  I have the same strategy no matter what race, etc people are.

    And yes, if a client initiates a restriction such as "I want to be within 2 blocks of a synagogue" then yes you can restrict your search to within 2 blocks of that synagogue.  The key is that the CLIENT initiates the restriction, not you.  We as agents don't want to go up to a Jewish Rabbi and assume that he wants to be within 3 blocks of the synagogue and then only show him those properties.  That would be steering. 

    It is sad that the agent wrote that definition of steering because it is not accurate.  Your version is the correct one and there is a HUGE difference in the two.

    4:07pm • #6
    JUN
    21
    339,175 Points 4 Featured Posts Outside Blog

    John - we still have to be very careful. When we give advice, like on schools or neighborhoods, it should be facts, not opinions. And we might serve them better by just providing access to the school information or neighborhood info. We should certainly know which schools serve which areas and if they pick a specific school restrict our search to that area.  Also, when someone says "I would like to live in Chinatown" it is one thing. When they say, I want to live in a neighborhood that is all Chinese, that is another. The client has still initiated it but with the second, we could be technically liable with the first we woud not.

    7:57am • #7

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    Jon Zolsky, your Daytona Beach, Florida connection

    Daytona Beach, FL

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    Jon Zolsky, Daytona Beach, FL. FunCoast Realty, 386-405-4408

    Address: 313 S Atlantic Ave., Suite A, Daytona Beach, FL, 32118

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