Article 10-Shades of Gray
Duties to the Public
Article 10
REALTORS® shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, or national origin. REALTORS® shall not be parties to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, handicap, familial status, or national origin. (Amended 1/90)
REALTORS®, in their real estate employment practices, shall not discriminate against any person or persons on the basis of race, color, religion, sex, handicap, familial status, or national origin. (Amended 1/00)
When involved in the sale or lease of a residence, REALTORS ® shall not volunteer information regarding the racial, religious or ethnic composition of any neighborhood nor shall they engage in any activity which may result in panic selling, however, REALTORS® may provide other demographic information. (Adopted 1/94, Amended 1/06)
When not involved in the sale or lease of a residence, REALTORS ® may provide demographic information related to a property, transaction or professional assignment to a party if such demographic information is (a) deemed by the REALTOR® to be needed to assist with or complete, in a manner consistent with Article 10, a real estate transaction or professional assignment and (b) is obtained or derived from a recognized, reliable, independent, and impartial source. The source of such information and any additions, deletions, modifications, interpretations, or other changes shall be disclosed in reasonable detail. (Adopted 1/05, Renumbered 1/06)
REALTORS ® shall not print, display or circulate any statement or advertisement with respect to selling or renting of a property that indicates any preference, limitations or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. (Adopted 1/94, Renumbered 1/05 and 1/06)
As used in Article 10 “real estate employment practices” relates to employees and independent contractors providing real estate-related services and the administrative and clerical staff directly supporting those individuals. (Adopted 1/00, Renumbered 1/05)
This is a pretty lengthy article but its actually simple. It’s all about Fair Housing. If a question or remark comes up in any way regarding any of the protected classes (race, color, religion, sex, handicap, familiar status or national origin) it’s taboo.
A lot of people will say we are not to discuss any of these subjects ever. Well, there is also a contingent that says if I am buyers representative I have a responsibility to assist my client in buying a home in a neighborhood that has the type of community they want. For example: my buyer client tells me they want to live in a neighborhood of individuals of the same religious belief (such as a Jewish community) would it be a violation of my fiduciary duty not to help them find a home in a Jewish community? They are not telling me they don’t want to live in a particular area but that they do. Something to think about…
