Selling your home without a real estate agent can be empowering and cost-effective. However, it's crucial to understand that as a For Sale By Owner (FSBO) seller, you are still bound by the Fair Housing Act. This federal law prohibits discrimination in housing transactions based on race, color, religion, sex, disability, familial status, or national origin. Violating these laws can lead to serious legal consequences and undermine the inclusive spirit of our housing market.
Why Fair Housing Matters for FSBO Sellers
Even without a licensed agent, you are responsible for ensuring your property is marketed in compliance with fair housing laws. This includes how you describe your property in MLS listings, online platforms, and any other advertising materials. Discriminatory language or imagery can not only alienate potential buyers but also expose you to legal risks.
Fair Housing Keywords and Phrases to Avoid
Certain words and phrases can unintentionally suggest a preference or limitation based on a protected characteristic. To help you navigate this, here are some guidelines:
1. Race and National Origin
- Avoid: "White private home," "Hispanic neighborhood," "Jewish home."
- Why: These terms indicate a preference for a specific racial or ethnic group, which is discriminatory.
2. Religion
Avoid: "Christian home," "Near St. Mary's Church."
Why: References to religion can suggest a preference for individuals of a particular faith.
3. Sex and Gender
Avoid: "Bachelor pad," "Perfect for a single man," "Mother-in-law suite."
Why: These phrases imply a preference based on gender or marital status.
4. Familial Status
Avoid: "No children," "Ideal for singles," "Adult community."
Why: Such statements can discriminate against families with children.
5. Disability
Avoid: "Must be able to climb stairs," "Not wheelchair accessible."
Why: These terms can exclude individuals with disabilities.
6. Age
Avoid: "Perfect for retirees," "Young professionals only."
Why: These phrases can discriminate based on age.
For a comprehensive list of terms to avoid, refer to the Fair Housing Advertising Words and Phrases List.
Best Practices for Compliant Property Descriptions
To ensure your property descriptions are inclusive and compliant while still creating a MLS Listing Description that sells:
- Focus on the Property: Describe the features of the home, such as "spacious kitchen," "large backyard," or "modern appliances."
- Avoid Describing People: Do not mention the current or ideal occupants, such as "family-friendly" or "perfect for a single professional."
- Use Neutral Language: Opt for terms like "open floor plan" or "convenient location" instead of "quiet neighborhood" or "safe area."
- Include Equal Housing Opportunity Logo: Display the Equal Housing Opportunity logo or statement in your listings to demonstrate your commitment to fair housing.
Additional Resources
- Fair Housing Advertising Guidelines: A comprehensive guide to compliant advertising practices.
- California State Fair Housing Protection: Explains how California enforces state fair housing laws and lists protected characteristics.
- Fair Housing Compliance: Banned Words & Phrases: A list of terms to avoid in property descriptions.
- Fair Housing Fact Sheet: List of laws enforced by the Civil Rights Department.
Final Thoughts
As a FSBO seller, adhering to fair housing laws is not just a legal obligation but also a step towards promoting an inclusive and equitable housing market. By being mindful of the language you use in your property descriptions, you can attract a diverse range of potential buyers and contribute to a fairer housing environment for all.
If you have any questions or need assistance in crafting compliant property descriptions, feel free to reach out. Let's work together to ensure your home sale is both successful and equitable.
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