August 29th 2023

Curious about the age of the roof on a house or whether it relies on gas or electrical heat? Your dependable real estate professional possesses a wealth of information about the residence you're eyeing for purchase. Yet, there are certain inquiries that might elicit an unexpected pause. Why does this happen?

It's not that real estate agents lack the necessary information; quite the opposite. Their silence is a deliberate effort to adhere to the guidelines of the Fair Housing Act, which bars discrimination in housing based on attributes such as race, religion, gender, or familial/economic status.

So, that quiet moment is actually a positive sign – it indicates that your agent is carefully avoiding potential minefields concealed within your seemingly innocent questions.

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Question No. 1: Is this a favorable area for raising a family?

This particular question is often "a challenge for the real estate agent," explains David Reiss, a professor specializing in real estate at Brooklyn Law School. If an agent suggests that an area might not be very family-oriented, it could inadvertently imply a lack of welcome to families with children. On the other hand, if the agent portrays the neighborhood as suitable for kids, it might be misconstrued as implying a lack of welcome for households without children, which is another form of discriminatory messaging.

Housing professionals who seem to guide or dissuade potential buyers based on family considerations can encounter legal consequences.

In essence, instead of risking any missteps, a cautious agent refrains from making assumptions about where you and your family would thrive. Therefore, if you seek such information, you'll need to conduct your independent research (further insights on how to do so are provided below).

Question No. 2: How would you describe the neighborhood?

You might ask a close friend this question in your pursuit of a diverse living environment, and their response might candidly detail a mix of characteristics like "Mainly a community of older Irish Catholic residents, featuring a small Chinatown and some urban transplants." Fascinating!

However, your agent is unlikely to delve into such specifics, particularly concerning matters of race, as such conversations could inadvertently border on "redlining" – a discriminatory practice steering potential homebuyers toward or away from neighborhoods based on their racial background.

Nevertheless, if you're interested in residing in a diverse locality, you can gain insights into the composition of an area by referring to the U.S. Census website, which offers accurate data (far more reliable than a single individual's opinion).

Question No. 3: How safe is this area?

Hypothetically, imagine if there was a history of crime on a nearby block that has improved over time. While you might find this information useful, sharing such details could be seen as prejudiced or class-based, potentially influencing your decision to avoid or pursue a particular neighborhood. This is why prudent agents exercise discretion in these matters.

Fortunately, you can access such information easily through crime statistics. By using resources like My Local Crime and entering an address, you can view recent local incidents ranging from vandalism to shootings. A map will pinpoint the exact locations, helping you gauge which blocks might warrant more caution than others.

Question No. 4: What about the quality of schools here?

Given that educational disparities can also relate to race in the U.S., "a Realtor must be cautious not to convey a hidden message about race," according to Reiss. To avoid the risk of unintentional offense, real estate professionals often direct clients to various school ranking websites such as Great Schools and School Digger.

Another option is available through realtor.com's mobile app, which enables you to search for homes for sale based on school districts, should you have a specific school in mind for your child.