Understanding Your Real Estate Agent's Legal Limitations

When it comes to working with a real estate agent, it is important to have a basic understanding of some of the rules and regulations that govern their actions. Otherwise, misunderstandings can easily develop between you and your agent. Perhaps the most important piece of regulation that governs the actions of real estate agents is the Fair Housing Act, which is part of the Civil Rights Act of 1968 and was developed in order to prevent discrimination.

The Fair Housing Act, which was later modified by the Fair Housing Amendment Act of 1988, provides protection to individuals within seven different classes. These classes include:

* Color
* Familial Status
* Handicap
* National Origin
* Race
* Religion
* Sex

In order to abide by the regulations within the Fair Housing Act, there are several things that your real estate agent cannot do for you.

Providing Information About Neighborhoods

It may come as a surprise to learn that a real estate agent cannot help you locate a neighborhood that is comprised primarily of people of a certain race or religion. In fact, an agent cannot even advertise that a property is located near to a certain place of worship. Similarly, a property cannot be listed as being part of an "adults only" community or as being in a neighborhood that is great for single women.

Due to the regulations within the Fair Housing Act, a real estate agent also cannot answer questions that you might have regarding the ethnic makeup of a neighborhood, even if you are a member of the ethnic group you are inquiring about. In fact, there are several words that an agent cannot include in a listing description because it could potentially violate Fair Housing Laws. Some of these include:

* Bachelor apartment
* Children welcome
* Couples
* Gentleman's farm
* Golden agers
* Handicapped
* Integrated
* Married
* Mature
* Mother-in-Law quarters
* Professional
* Section 8
* Seniors
* Singles only
* Sports-minded

Addressing Educational Issues

People with children are often interested in moving to a district that is served by a particular school system. It is impossible for a real estate agent to guarantee that a certain school system will service a particular house, as school boundaries are subject to change. Furthermore, it is possible that providing this type of information could be considered a violation of the Fair Housing Act. Therefore, if you are interested in having your child attend a certain school, you will likely need to research the school's boundaries on your own and then provide this information to the real estate agent. This way, the agent will be aware of the geographic location where you wish to live.

Discussing Crime

It is only natural to want to live in a neighborhood where the crime rates are low, but don't get upset with you real estate agent if he or she will not discuss these statistics with you. Rather than directly providing you with information about crime rates, your agent will likely direct you to the local police departments of the neighborhoods you are considering or will provide you with other resources. This way, you can determine whether or not the neighborhood is safe enough for your needs and the real estate agent cannot be held responsible for providing misleading information.

While it may be frustrating to learn that your real estate agent cannot provide you with some of the information that you want, it is important to understand that your agent must abide by laws and other regulations. If you have selected a truly professional agent, however, he or she should be able to point you in the right direction so you can get the information you need without violating the law.