Acceptable and Unacceptable Terms in Real Estate Advertisement

There has always been some confusions, on the rules and requirements, about the real estate advertisements, specifically those terms and actions that violate the Federal Housing Act. 

I just heard in a class, if you add a Se Habla Espanol rider to one of your listings which is in a predominately Latin community, is illegal. When I said it doesn’t make sense and asked the instructor why? She told me contact the TAR legal hotline, which I did.

If the real estate agent speaks different language (i.e., for example Spanish) and want to increase his/her business, what is wrong with adding another rider to show he can speak that language (e.g., Spanish) too!.

Why it is illegal?
What can they do to make it legal?

The TAR (Texas Association of REALTORS) hotline attorney response was (which I believed from beginning should be like that): This is not illegal or against the law (Fair Housing Act) if you add additional rider to say “Se Habla Espanol” or as a matter of fact in any other languages. It is not illegal and against the law to advertise in a non-English speaking language newspaper, magazine, radio and TV stations. The reason is that you are NOT EXCLUDING or limiting other groups, you are INCLUDING more groups of people.

Before you write your next rental or for sale ad, make sure that you are familiar with fair-housing laws.

The Fair Housing Act: The Fair Housing Act prohibits discrimination in the sale and rental of housing based on race, color, national origin, sex, religion, familial status, or disability. It also makes it illegal to advertise or make any statement that indicates a limitation or preference based on those attributes.

So what can you say in your advertising to comply with the law? A recent property management webinar in September 2013, “Fair Housing Issues,” covers some acceptable and unacceptable terms.

Acceptable terms include:

• No drug users
• Public transportation nearby
• Kids welcome
• Quiet neighborhood
• References required
• No smokers
• Gated community
• Pets limited to assistance animals
• Se habla espanol    or any other languages

Unacceptable terms include:

• Near church
• No kids
• No handicap parking
• Senior discount
• Single person
• Able-bodied
• Nationality

With the pride of living over 33 years in Plano, I am proud to serve as your Professional Real Estate Consultant and guide you through the selling, buying and leasing process, help you locate a suitable site for your business, provide neighborhood demographics and schools information, and more information. Mobile: 214-457-7055 Fax: 972-596-7984 email: Bahman@TexasFiveStarRealty.com www.TexasFiveStarRealty.com   Contact us about your Real Estate Questions