Advertising Remarks Question

By
Real Estate Agent with Assoc. Broker/Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, @HomesBirmingham & Providence Property Mgmnt, LLC Huntsville AL

Advertising Remarks Question

As agents we have to keep up with Fair Housing laws and are in fact required to complete Fair Housing class work as part of our continuing education. A question recently came up about a listing's advertising remarks found in our MLS that stated: Magnificent home in awesome neighborhood and superb schools.  This immediately sparked a conversation and calls to our Board and The Alabama Real Estate Commission for advice and guidance whether or not we could describe the neighborhood or schools as "awesome" or "superb". 

So far I can't find anything definitive other than to say per our state license law that advertising cannot be deceptive, misleading or false.  Fair Housing doesn't seem to address these specific words; great, superb, awesome, etc., when describing a property or school.

So my Question to AR Members is: can you use those words or similar words in advertising and do you think the below paragraph in a recent blog post that I wrote is compliant with Fair Housing and my state license law? Be honest, I want to know what you think.

 

"Schools are of great importance in any community whether you have children or not. Not only for your child's education, but also for resale value of your home. 123 My Street, My Town, Any State is in My Home Town school district."

 

Serving: Anslee FarmsBell Tower, Bishop Farms, Bradford Farms, BridgefieldCanebrakeChase Shadow, Cherokee Ridge, Clifts Cove, Edgewater, Emerald Forest Condo, Foxfield, Greystone Estates, Hampton Cove, Harvest, Highland Lakes, Jones Valley Estates, Kelly Plantation, Knox Creek, Lake ForestLedges of Huntsville Mountain, Mandolin, Maxwell Place, MidTowne on the Park, Newby Plantation, Olde Cobblestone, Overland Trace, Pebble Brook, Rainbow Landing, Rock Creek, Shadow Brook, Spencer Green, Stavemill Estates, The Bridges on the River, The Villas at Madison, Towne Lakes, Villas at Jones Valley, Walden Preserve, West Highlands, Whitehall, Village of Providence and more.

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Comments (49)

Marilyn O'Donoghue
Long & Foster Avalon - Avalon, NJ

I loved reading these posts and decided to google this question and this is what I found on AOL real estate:

"Schools: As with income level, sharing information about schools "might be perceived as steering someone into a certain neighborhood," says Klein. "However, as a Realtor I can direct people to sources of information about education in that area." 
Here, too, the web offers prospective home buyers a wealth of information. Buyers can find useful school statistics, including enrollment, class size, and reading and math scores, at sites like School Matters and Great Schools. "

Just an fyi.  I, for one, don't list and do direct buyers as to where they can find the info.

 

Jan 29, 2015 04:21 AM
Matt Rau
Century 21 Woodland Realty - Flushing, MI
Realtor-Agent 810-577-1585

I like the (test the testers) mention.Sometimes it can be difficult to have a conversation with potential buyers with some of the questions they ask you.Trying to stay neutral and direct them to other sources has been a safe answer for the most part.It's not fun having a hammer over your head.

 

Jan 29, 2015 05:18 AM
Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

I don't see a problem with it. Beauty is in the eye of the beholder. You could describe a living room as "large" but a buyer might think it's small compared to their last house.

Jan 29, 2015 07:25 AM
Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

I use true words...if it's a "Blue Ribbon School," I say so. Award winning...if it's true. As far as the rest of the descriptive words....as long as they are not violating discrimination laws, it doesn't bother me and I think the disclosures cover issues which imply that the buyer relies on verbiage in a listing.

Jan 29, 2015 07:41 AM
Nick T Pappas
Assoc. Broker/Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, @HomesBirmingham & Providence Property Mgmnt, LLC Hun... - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Karen Fiddler, Broker/Realtor, I try not to over use any word and only use them when at least in my opinion based on client and statistical reports can be verified. I like to use a variety of descriptive words and I guess what I really want is a place of authority that tells me what words are off limits. Fair Housing website (HUD) offers little assistance. Apparently from what I've learned it's the private groups that we have the most to fear. 

Jan 29, 2015 07:55 AM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Nick, I am very careful with words in our litigious society...especially in what can be argued in court as Lenn refers to...

Jan 29, 2015 08:19 AM
Tammie White, Broker
Franklin Homes Realty LLC - Franklin, TN
Franklin TN Homes for Sale

I usually tell buyers to check school ratings. However, I do say that Williamson County schools are ranked the highest in the state. That's a matter of public record and easily verifiable.

Jan 29, 2015 08:48 AM
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

Nick, what's awesome to one person may be just mediocre to another so I stay away from these words. I remember my real estate instructor telling us to describe the property not the neighborhood and stickmtomthe facts on anything else or refer to other sources.

Jan 29, 2015 10:37 AM
Elizabeth Weintraub Sacramento Realtor Top 1%
RE/MAX Gold - Sacramento, CA
Put 40 years of experience to work for you

Hey Nick, have I told you lately how everything is awesome? And not only is everything totally awesome but it's sublimely superb as well. Superb, I tell you. Nobody should talk like a Valley Girl.

Jan 29, 2015 10:50 AM
Lisa Von Domek
Lisa Von Domek Team - Dallas, TX
....Experience Isn't Expensive.... It's Priceless!

Hello Nick,

Wonderful post...you certainly hit upon a key subject and the comments are intersting.  I am laughing out loud at Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents  sublimely superb response!

Jan 29, 2015 11:08 AM
Sharon Parisi
United Real Estate Dallas - Dallas, TX
Dallas Homes

Hi Nick,   it has been drilled into my head to be the source of the source.

Jan 29, 2015 12:26 PM
Shannon Milligan, Richmond VA Real Estate Agent/Associate Broker
RVA Home Team - Richmond, VA
RVA Home Team - Winning with Integrity.

I use the word "popular" if it is indeed a school I get many requests for people to live in that area. I always tell my clients the idea of "good schools" is subjective as what I think is good may be awful to another. I then give them resources to check out, such as the Virginia Department of Education Report Cards. Always be the source of the source. I see so many agents do this and it scares me for them. Heck, I may be walking the line with "popular" and "sought-after."

Jan 29, 2015 10:51 PM
Liane Thomas, Top Listing Agent
Professional Realty Services® - Corona, CA
Bringing you Home!

I think your wording is ok and would not be a violation. In my market, I refer to our "Award Winning Schools". We do have some of the best schools in the state, and a list of awards to back up the claim.

Jan 30, 2015 12:29 AM
Jan Green
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

I'd leave out child or children entirely and just say "great schools" and so on.  Anyone can sue over anything!

Jan 30, 2015 06:59 AM
Bobbie Smith
Stroudsburg, PA
570-242-1891

What a great post and wide variety of answers/statements in the comments!

Yes, we need to be very careful with how we state "things." Your definition a good school could be totally different than my definition of a good school so I always advice my clients to do their own research on which school district is right for them and don't refer to schools in MLS details unless it is to say which school district the home is located within or knowing which school district in our area is the most requested I might state "highly sought after school district." Something more general is my point.

Again, Great post and comments! 

Jan 30, 2015 08:55 AM
Tom Braatz Waukesha County Real Estate 262-377-1459
Coldwell Banker - Oconomowoc, WI
Waukesha County Realtor Real Estate agent. SOLD!

Nick T Pappas

What timing. I am taken back lately at what I see some writing in my market

Jan 30, 2015 11:44 AM
Joni Bailey
101 Main St. Realty - Huntsville, TX
Your Huntsville / Lake Livingston Area REALTOR®

I simply write "children attend schools within the <Insert Name> Independent School district." and leave it at that.

Jan 31, 2015 04:25 AM
Claude Labbe
Real Living | At Home - Washington, DC
Realty for Your Busy Life

The lines you write seem to be within guidelines (though as mentionned, "a child" rather than "your child".

The lines don't say anything, though they do suggest the reader is thinking about schools & value.  If you wanted to get into it further, then unless you direct people to the school ratings in Alabama or so, then I  think you've gone too far.

Superb/Great/Awesome, it all means something else to everyone, and who are you to say, so, yes, point to your source instead and lets the source say it.

Feb 01, 2015 01:38 PM
Nick T Pappas
Assoc. Broker/Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, @HomesBirmingham & Providence Property Mgmnt, LLC Hun... - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

I always point to the source and will most likely resist adding any of my own comments even though they are justified. 

Feb 01, 2015 10:55 PM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

Although I think it is ridiculus in the extreme I have been told commenting on the quality of schools is a no no.  However, if you state factual information and provide a link I am not sure what you would have done wrong.  Rather than say "Great Schools" how about "Statewide Test Scores in top 10%" or something of that nature.    Then provide a link.  Just my thought.  Also our blog post often provide just general information about schools and communities without a big focus on Real Estate.  I often have written on local parks.  What if the entire focus of your post is on the school and some positive achievement.  Then at the bottom you have your usual real estate contact info and maybe a list of homes?

Feb 03, 2015 03:31 AM

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