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"Can you please find a buyer with kids for that house?"

By
Real Estate Broker/Owner with Realty Arts NC Broker License #235526

She sounded like a very nice lady.  "We need kids in the neighborhood for my kids to play with..."More...

"...I would do anything to get a family with kids."

She sounded like she cares a great deal about her kids.  Loves her neighborhood, but desperately wants play mates for the kiddos.   What to do?

I have one choice.  I invoke the U.S. Fair Housing Act.  Or, North Carolina's Fair Housing Statutes.  I market and sell real property and the improvements upon that real property, and the nearby amenities.  Otherwise known as land and homes.

We real estate agents can't package demographics.   People are protected from discrimination in housing, including rentals and sales, appraisals and lending.   We may infringe on the legal rights of a member of a "protected class."  There are 7 protected classes of people.

 That would be discrimination based on race, color, sex, religion, handicap, familial status, and national origin.

How could I be in violation of Fair Housing by promoting a home only to families with children?  Take the question inversely.  Who would I be excluding if I focus on only folks with kids?   The exclusion is the discrimination.  Awful things have been done to members of these protected classes by people in the past.  That is why laws are written.  Someone has had a problem.  It's a problem when one race is systematically charged higher interest rates for home loans than another.   Or when a race or religion is excluded from a geographic area. 

It's all about equal opportunity and fairness.

Really and truly, I hope the nice lady gets some playmates for her kids.  I really do.  I also know she can't count on me to bend the law to make it happen.

Again, I market and sell real property and the improvements upon that real property, and the nearby amenities.  I don't market and sell demographics.

Posted by

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___________________________________________________________________________________________

Scan the QR Code with your Smartphone to Email MeQR CodeMike Jaquish, REALTOR®

919-880-2769 www.RealtyArts.com

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Independent Broker/Owner, Realty Arts

130 Towerview Court,

Cary, NC

Comments(73)

Chris Olsen
Olsen Ziegler Realty - Cleveland, OH
Broker Owner Cleveland Ohio Real Estate

FH is absolute, period.  It comes up regularly and when I explain I cannot either answer the question or whatever my response is, invoking FH, clients always agree and appreciate it, even when they don't get the answers at all.

Aug 28, 2009 03:55 PM
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Chris,

Yes.  Most people do come around easily.

Aug 28, 2009 04:08 PM
Jirius Isaac
Isaac Real Estate &TriStar Mortgage - Kenmore, WA
Real Estate & loans in Kenmore, WA

Mike, You are smart to be careful and I agree with Gene, it did not sound like she was pushing as much as stating a desire.  Nothing wrong with that as long as they do not expect us to do anything with it.

Aug 28, 2009 05:55 PM
Christine Wade
Christine Wade - Derby, VT
Operations Strategist / Online Business Manager

OH - how these simple and seemingly so innocent comments could stir up all sorts of fees and litigation, huh?  The Fair Housing Act is there for a reason...but John or Jane Q. Public isn't typically aware of it and just needs a quick education on the subject!  Great job!

Aug 28, 2009 06:35 PM
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Jirius,

We share the same perspective.

Christine,

 Thanks!  We do need to be educators, don't we? 

Aug 28, 2009 11:49 PM
Lee & Pamela St. Peter
Berkshire Hathaway HomeServices YSU Realty: (919) 645-2522 - Raleigh, NC
Making Connections to Success in Real Estate

Well written Mike!  And congrats on a shiny featured featured star.  On the reserve to that lately I'm getting we really don't want to be in a neighborhood run by kids!  My response?  So how does an active over 55 community sound to you?

Aug 29, 2009 12:54 AM
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Pamela,

Thanks!

I think the Hud Compliant 55 and Over Community guidelines present about the only way we can really talk about kids and housing.

Aug 29, 2009 01:02 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

In the year 2009 I'm sure this lady just wasn't thinking about her comment.  But a good point brought up about kids not to many years ago, there were areas that just didn't want them around.  The over 55 subdivisions settled that problem.  Maybe the lady just should put her kids into the Park District Play Dates that everyplace has!  LOL.

Aug 29, 2009 02:53 AM
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Lyn,

I'm certain too that she had no nefarious intent.  LOL

Aug 29, 2009 03:00 AM
Thomas Johnson
RE/MAX TOP - Houston, TX
SRES, Green

If she wants kids she can help you hunt down a qualified family to buy your listing.  Equal Housing does not apply to private citizen bird dogs!

Aug 29, 2009 03:44 AM
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Thomas,

Personally, I'll settle for "Qualified!"

Aug 29, 2009 07:35 AM
Thesa Chambers
West + Main - Bend, OR
Principal Broker - Licensed in Oregon

Mike - I almost find these comments (from the nice lady) humorous - we all want to make our neighborhoods nice places to live with or without kids.... my word of caution other than law would be - be careful what you wish for.... what if those kids that come to the neighborhood are the kids that the last neighbors could not stand because of their lack of manners and such :) With people you never know what to expect.

Aug 30, 2009 04:26 AM
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Thesa,

There certainly is a practical side to the topic, isn't there?  LOL

 

Aug 30, 2009 04:46 AM
Mark Velasco
West Shores Realty - Whittier, CA
Top Producing Broker Associate

Wow Mike. That's a tough one. People are people and some things still surprise me from time to time. Take them to the YMCA.

Aug 30, 2009 12:20 PM
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Mark,

Actually... Nothing tough about it.  Just a teaching opportunity, and a chance to make a friend.

Aug 30, 2009 12:23 PM
Kerry Jenkins
Prime Properties - Crestline, CA

Great post and good response to that lady. obviously if she wants a family with kids, she should be calling all her friends and having them call you!

Sep 02, 2009 05:47 AM
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Amy,

Thanks!  And it wouldn't surprise me if she did just that!

Sep 02, 2009 06:18 AM
Jenny Durling
L.A. Property Solutions - Los Angeles, CA
For Los Angeles real estate help 213-215-4758

Sounds like a perfect opportunity to enlist the neighbor's help in finding a buyer for the home. Perhaps she knows the perfect family to buy the house!  Neighbors are great at finding buyers for homes- they know why it's a great place to live. I would ask her who she knows that might be interested in living in the neighborhood!

Sep 02, 2009 04:43 PM
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Jenny,

I can hope she is successful, can't I?

Sep 02, 2009 11:32 PM
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Jenny,

I'm pretty confident she is on task. 

Sep 02, 2009 11:45 PM