A Realtor wonders if the Fair Housing situation is getting so sensitive that agents would make themselves liable for a lawsuit if they even point a prospect to neighborhood, demographics and crime information on the Web.

"It is my understanding (from legal advice) that even directing someone to a specific source that compiles demographic information, sex offender information, etc., could place an agent in a position of trouble. Any comments? -- Realtor At Risk"

Realty Times responds:

Realty Times doesn't give legal advice, but fortunately, we know some people who do. Real estate licensees can most certainly share factual information about schools and other topics with buyers.

What we're questioning is how far you can go in sharing your opinion without inviting trouble. This is the reason fair housing lawsuits have been brought against Realtors in Louisville and Seattle.

"The problem identified in National Fair Housing Alliance's allegations against brokers is not that brokers shared information about schools directly with buyers, but that brokers shared unsubstantiated opinions of school districts and then only with certain buyers," explains Minneapolis real estate attorney Brian Larson. "The broker tells white folks the schools in neighborhood X are bad (without giving specifics) but doesn't say a word about the schools to the black folks looking in the same neighborhood. So, there are at least two problems: 1) giving an opinion about schools without a factual basis; and 2) giving that opinion to one group of potential buyers but not to another."

Larson suggests ways brokers can proceed without breaking fair housing laws:

1. Brokers should ask ALL buyers if they are concerned about the quality of schools. They should not assume that whites are concerned and blacks are not, or vice versa. They should not assume an older couple is not interested (they may be taking care of a grandchild). The broker should ask; if the buyers say, "Not interested," that's the end of the inquiry. If they say, "tell us more," the broker should tell them more.

2. Brokers should collect objective information: If the state publishes school "report cards" on public and private schools, brokers should get them, learn how to read them, and understand what they mean. Brokers who give copies of these materials to buyers should make sure to point out that statistics provide only part of the picture.

3. Brokers should encourage buyers to visit the schools their children would attend. I expect many parents planning to send their kids to public schools from their new homes would want to see the schools before deciding on the homes. Brokers should obtain and keep handy contact information about the schools in their service areas to assist buyers in making these connections.

4. Brokers who gather and prepare information in this way should do it for all the neighborhoods they serve or upon request of buyers. They should not do it only for the neighborhoods they consider "troubled." Closely scrutinizing only those neighborhoods the broker perceives as challenged will result in consumers getting exactly the kind of skewed picture that NFHA claims brokers were giving testers in its suit.

Brokers can adapt these guidelines easily to other subjects, such as crime, economic activity, etc, says Larson.

"What you must not do, however, is provide information (even factual information from third parties) based on race or other prohibited classifications," warns Larson. "If your buyer says, 'I want to live where there are lots of other Latinos,' you need to say, 'I'm sorry, but I cannot guide your choice based upon race.'"

Point them to census.gov, where they can obtain detailed census information, including racial breakdowns of neighborhoods, he advises. "If your buyer says, 'I want to live within walking distance of a reform Jewish synagogue,' you should say, 'Where are the reform Jewish synagogues, and how far do you consider walking distance?'" suggests Larson. "Tell them if they can identify a neighborhood or ZIP Code, you can show them listings based upon that. That provides you with the information you need to find properties to match their criteria."

He concludes, "The fair housing laws are designed to prevent discrimination, including steering, but generally, they should not prevent real estate brokers from being the reliable and rich sources of information and advice that make them so valuable."

Editor's note: In many states, says Larson, it is very difficult to know for sure whether living in a particular house at a particular address will result in the children going to school A as opposed to school B. "I would urge buyers to confirm that with the school district if it is important to them. They should not rely on boundaries drawn by third parties, even reputable ones."

There's another objection to giving your opinion besides the potential for steering. What if you're wrong? What if your opinion is based on hearsay or outdated information? Schools change, add, and subtract curriculums, teachers, programs and scores constantly. In addition, certain programs may be noteworthy while the school's performance as a whole is less than stellar.

For example, one public high school in Dallas is known for its music program. Scouts from Juilliard, SMU and other well-known universities and colleges routinely mine this school to award scholarships to promising music students. The school happens to be located in one of the most ethnically diverse neighborhoods in the city, so if you were to ask most Realtors in a survey if this school is "good," it's doubtful you'd get a positive answer. The reason? They may not have educated themselves about the award-winning programs the school actually offers.

The point is this business is often made up of snap judgments, unqualified advice, and unsubstantiated rumor instead of factual data. That's what any Realtor should want to avoid.

Published: April 24, 2007

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