Fair Housing - Beware of Testers!

By
Real Estate Agent with Serving the Greater Phoenix and Scottsdale Metropolitan Area BR534744000 & BR540649000

REALTOR Beware!  This is an actual recent email dialogue between someone contacting me to list their home, my response, and theirs. 

I received a call from them, secured their email address, and sent them a Market Snapshot from Top Producer, to be followed by a detailed CMA that evening.

I then received the following email:

Fom The Seller

"Thank you for the report. I received your phone message this evening. I will call you on Thursday to get more information from you. Thank you for your prompt response. I would also be interested in knowing the specific ways you would plan to market our property particularly to target the primarily hispanic population/potential buyer in the area. We feel it will be crucial to have information and communication that will be presented in both english and spanish and marketing strategies to monopolize on the foot and road traffic we get from the two schools adjacent to our home. I look forward to hearing your advice."

----------------------------------------------------------------------

From Tony Marriott

"Thanks for the confirmation of receipt of both the Market Snapshot and my voicemail message.

A detailed Comparative Market Analysis (CMA) will follow by email this evening, along with marketing information for your review prior to our discussion.

While we will certainly ensure that marketing activities are in both English and Spanish, we are prohibited by the Fair Housing Act (Equal Housing) from "targeting" specific ethnic groups.  For example, we could not advertise the property only in a newspaper printed in Spanish that is popular with a specific ethnic group.  Similarly, we are prohibited from "targeting the primarily Hispanic population/potential buyer in the area" as suggested in your email.

With that understanding, we can market and promote your property to secure a buyer from the marketplace - which includes all prospective Buyers.

I look forward to our discussion tomorrow regarding next steps.

Best Regards"

---------------------------------------------------------------------

From The Seller

Silence for five days followed by this email:

"Thank you for your information and time. We decided this week to go with another realtor, but appreciate your response."

--------------------------------------------------------------------

Did the Seller get a REALTOR willing to target an ethnic group?  If so, does the REALTOR understand the consequences of their accepting such a listing?  Or was it a government official "testing" us?

Know the rules, obey the rules, and if something seems "unusual" - ask your Broker!

Thoughts from fellow Active Rainers?

 

Posted by

About the Authors - Updated 2018

If you are considering a Traditional or Short Sale of your home in Phoenix, Scottsdale or any location in Maricopa County Arizona, you owe it to yourself to talk with Haven Express @ Keller Williams Arizona Realty to determine whether Tony and Suzanne Marriott are the best real estate Brokers in the Phoenix and Scottsdale metropolitan area to help you with the Successful Sale of your home.

Tony and Suzanne have personally Listed, Sold and Closed more than a hundred Short Sales with the highest list to close rate in the Phoenix Metro Area!

Tony Marriott - Chief Executive Officer - Haven Express @ Keller Williams Arizona Realty

Suzanne Marriott - Chief Learning Officer - Haven Express @ Keller Williams Arizona Realty

Associate Brokers, REALTORS
Haven Express
Keller Williams Arizona Realty
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Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty
Tracy - Thanks for the comment and appreciate the HR perspective.
Feb 25, 2007 03:57 AM #65
Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Randy: I wonder if he was a tester or an idiot?

I suspect he was the latter, even if he was also the former!

Feb 25, 2007 04:00 AM #66
Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty
Kengo - Thanks for stopping by!
Feb 25, 2007 04:01 AM #67
Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty
Ed - Happy to have been of help!
Feb 25, 2007 04:02 AM #68
Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty
Angela - Thanks for the kudos - much appreciated!
Feb 25, 2007 04:02 AM #69
Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty
Debbie - The GRI classes are a great way to hear about real life situations.
Feb 25, 2007 04:03 AM #70
Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty
Alexander - Thanks for the vote of confidence!
Feb 25, 2007 04:04 AM #71
Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty
Deb - Thanks for the additional information.  I agree with your evaluation - this was more likely a "real" Seller who was clueless or didn't care about the law.
Feb 25, 2007 04:05 AM #72
Rainer
445,490
Adam Tarr
MavRealty - Phoenix, AZ
PC -GRI, ABR, CDPE, RSPS, ePro - Designated Broker

Egads.....

Every now and then, I get a 'strange' call or e-mail, and wonder if it's a test....I really wish they'd tell you if you give the right response that indeed, they are 'testing' your adherence to fair housing.....

Congrats on passing the test with flying colors!  Well put!

SK

Feb 25, 2007 01:17 PM #73
Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty
Sharon - Thanks for the comment - and the confirmation that there are some strange callers out there in our neck of the woods!
Feb 25, 2007 04:06 PM #74
Rainer
60,880
Daniel Lowery
1st Choice Real Estate - Jefferson City, MO
e-PRO, Broker - Owner

Good post, this has a very good point, you should always know and follow the rules because you never know

Feb 27, 2007 02:33 PM #75
Ambassador
2,139,373
Todd Clark
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

I was tested in my first week in the business. I was doing floor time and got this call, Don't want to live in these kind of area and don't want this and that. Don't want Crime, where can you find me that home. Don't want to live in that city...Blah Blah Blah.

 I advised them that, the best I could do is send them all the homes in the metro area that met their critiria for bedrooms, bathrooms and sqft. Then send them a link to the police for crime stats and they would have to make the decision on their own. I told them my job was to find them the perfect home as they described. As for neighborhoods and the people who they choose to live next to that would have to be their decision.

I will just send homes based on the home discription. They called 3 other people in my office later that week and 2 passed the test and 2 didn't from what we got told at the next office meeting. Was never called in to the office, but did notice 2 agents not on floor time for 3 weeks.

 

 

Mar 15, 2007 03:21 PM #76
Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty
Daniel - When in doubt.......
Mar 18, 2007 05:04 AM #77
Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty
Todd - Sounds like your office was under close scrutiny for some reason.
Mar 18, 2007 05:05 AM #78
Rainer
38,107
Kelly Kilpatrick
Rancho Santa Margarita, CA
Broker-Associate
Given the importance of Fair Housing to consumers and the strict consequences of failing to practice real estate to the letter of the law, I'd say you handled this EXACTLY right. I have bookmarked this post for future reference.
Mar 18, 2007 05:17 AM #79
Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty
Kelly - Thanks for the validation and the comment!  Tony
Mar 18, 2007 05:25 AM #80
Ambassador
754,919
Mike Jones
SUNSTREET MORTGAGE, LLC (BK-0907366, NMLS 145171) - Tucson, AZ
Mike Jones NMLS 223495

Que bueno!

Mike in Tucson

Jul 01, 2010 05:05 PM #81
Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Adam Tarr I was remiss in the early days - just now catching up with comments from blog posts since day 1 - thanks for the comment - hope you are still in the 'Rain!  

Oct 04, 2015 12:03 AM #82
Rainmaker
3,067,302
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Mike Jones I was remiss in the early days - just now catching up with comments from blog posts since day 1 - thanks for the comment - hope you are still in the 'Rain!  

Oct 04, 2015 12:03 AM #83
Ambassador
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Mike Jones
SUNSTREET MORTGAGE, LLC (BK-0907366, NMLS 145171) - Tucson, AZ
Mike Jones NMLS 223495

I sure am.  :)

Oct 04, 2015 12:09 PM #84
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