Caution Needed
By: GLVAR, 4/11/2003

The group, a religious real estate agents group, was looking for “like minded” real estate professionals to have a place to discuss various issues of mutual interest. To join the group, for a fee, you had to agree to abide by the religious principles, and take the pledge of the group. Part of the pledge reads “As I help fellow Christian brothers and sisters”. 


Ms. Laurie Janik, Chief Legal Counsel for the National Association of REALTORS®. The following is her response:


This website is indeed a problem. Below is below is a notice that will be distributed next week to our members via NAR's on-line legal newsletter, The Letter of the Law.

A number of NAR members have recently received promotional emails that link to the website of an organization that advocates activities that discriminate on the basis of religion, and which may, therefore, violate the Fair Housing Act. In particular, the website encourages sellers of real estate to seek and choose buyers who are Christians. The NAR legal staff wishes to remind all members that it is unlawful to discriminate in the sale or lease of real estate properties, as well as in the provision of real estate services, on the basis of race, religion, sex, national origin, disability or familial status.

If listing data from the Association's MLS is copied by this website or copied by some third party and provided to this website, I would suggest you immediately contact the site and demand that the information be taken off and that it not happen again. 


Joining a group, any group, is your constitutionally protected right. Everyone has the freedom of assembly, the freedom speech. No one is questioning those points. The issue is however, you cannot, by law, limit the leasing or sale of property, to anyone, based on their religion.
Due to the importance of the issue, the National Association of REALTORS® wrote a caution to their members in December, 2002. The Realty Times also wrote a series of articles describing the potential problems faced by the real estate agent who agrees to the “pledge”.

Recently a number of GLVAR members contacted me, expressing concern, about new solicitations, some by e-mail, and others by telephone, to join several of these organizations. Several members related the … “aggressiveness” of the solicitors. I discussed with these members what their legal rights, and obligations, are under the Law. I informed these agents that, as stated before, joining these groups is not, in and of itself, illegal. But, I felt compelled to point out that the “pledge” of at least one of these groups does insinuate that the member will only deal with Christians. One of these websites does not have anything that I have been able to find, that says agents have to comply with Fair Housing Laws.

If you are contacted by an organization that you have concerns about, or you have any questions about this or any other Fair Housing issue, feel free to contact me at (702) 732-8177 or e-mail robert@glvar.org.

Be careful if you are walking that fine line.

Robert Sadler
Professional Standards Director



4/11/2003
Category: Department Articles