A lot of buzz on the Internet over the last few days was sparked by one of the big real estate aggregator sites implementation of a pre-listing marketing vehicle.
It occurred to me during one of these online discussions that brokers that do not have uniform marketing procedures in place could find themselves on the wrong end of a DOJ lawsuit.
What are the reasons for “marketing” a listing before it “comes on the market?” Is it to eliminate some potential buyers?
Could it be a veiled attempt to skirt Fair Housing laws and consequences?
Keep in mind that the Justice Department does not have to prove intent to discriminate. It only has to demonstrate that the net result of an action prevented a member of a protected class from purchasing a property.
If some of a broker’s listings are pre-marketed and others are not, especially if it could be established that the practice was prevalent in certain neighborhoods, it would be possible for a reasonable person to conclude that there might be something more to to the technique than “generating interest in the property.”
Agents and brokers need to constantly monitor all marketing to ensure that ALL consumers have equal access to purchase opportunities.
It’s not just the law of the land.
It’s the right thing to do.
Disclaimer: The author is not an attorney and is only offering an opinion regarding agency and the roles of agents and brokers in real estate transactions. Richard Weisser is available to testify as an expert witness in Georgia Real Estate Agency cases.
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