Americans with Disabilities Act (ADA) - Requires employers to provide reasonable accommodations. These accommodations ensure equal opportunity in the application process, enable qualified individuals with disabilities to perform essential job functions, and allow employees with disabilities to enjoy equal benefits and privileges of employment. 

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Antitrust laws - Refer to illegal business practices that restrict competition, such as price-fixing, monopolization, and collusion. Violations can lead to severe legal consequences, including substantial fines and operational changes mandated by regulatory authorities. The three core federal antitrust laws are the Sherman Act, which outlaws "every contract, combination, or conspiracy in restraint of trade," and any "monopolization, attempted monopolization, or conspiracy or combination to monopolize". Criminal penalties are reserved for offenses like price-fixing, bid-rigging, or market allocation agreements, and a corporation can be fined up to $100 million per offense.

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Brokers Responsibilities

Brokers have supervisory responsibilities for all associated firm members, including managing brokers, sponsored licensees, employees, unlicensed personal assistants, and administrative staff.  Brokers must exercise reasonable and adequate supervision of the provision of real estate brokerage services by associate brokers and salespersons assigned to the branch office or real estate team.

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The relationship between a broker and licensees (employees or independent contractors) is governed by the following rules:

• A written employment agreement is required when a licensee joins a firm.

• Brokers must enter into a written agreement with each affiliated licensee.

• Brokers have responsibilities towards their affiliated licensees, including controlling work schedules and procedures.

• Real estate agents are generally accepted as independent contractors in the United States.

• Brokers must avoid certain activities to properly classify salespeople as independent contractors.

• Sales associates are licensed to perform transactions on behalf of their licensed broker.​​​

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​​Blockbusting - Inducing or attempting to induce a person to sell or rent a dwelling based on race, color, religion, sex, familial status, or national origin.

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Disparate Treatment - Providing unequal treatment in housing sales or rental transactions based on protected characteristics.​

   

Due diligence - Investigating property titles, analyzing financial records, and reviewing legal documentation to ensure seamless and successful transactions.

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Fair housing advertising rules

Prohibition of Discriminatory Language: Advertisements must not indicate any preference, limitation, or discrimination based on protected classes. This includes avoiding phrases that suggest exclusivity or preference for certain demographics, such as "ideal for families" or "no children allowed". 

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Acceptable Language: While certain phrases are prohibited, others are acceptable. For example, describing property features like "quiet residential area" or "near parks" is permissible. However, avoid terms that have historically been associated with discrimination, such as "exclusive" or "restricted". 

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Equal Housing Opportunity Logo: All housing advertisements should include the Equal Housing Opportunity slogan or logo, which must be clear and legible. This logo should be at least equal in size to other logos in the advertisement. 

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Use of Images and Models: If using images of people in advertisements, ensure that they represent a diverse range of individuals to indicate that the housing is open to all, regardless of race, color, religion, sex, handicap, familial status, or national origin. 

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Digital Advertising Considerations: With the rise of digital advertising, advertisers must be cautious about automated targeting systems that may inadvertently lead to discriminatory practices. The Fair Housing Act applies to all forms of advertising, including online platforms, and advertisers must ensure that their targeting does not exclude or discriminate against protected classes. 

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Legal Obligations: Real estate professionals are legally obligated to comply with fair housing laws. This includes ensuring that all marketing materials, from flyers to online ads, adhere to these guidelines to avoid potential legal repercussions. ​​​​

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Federal Fair Housing Act - Prohibits discrimination in housing based on race, color, religion, sex, disability, familial status, or national origin. Exemptions include dwellings with four or fewer units where the owner lives in one of the units.

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The Federal Fair Housing Act protects individuals from discrimination in housing based on the following seven protected classes:

• Race

• Color

• National Origin

• Religion

• Sex

• Familial Status (presence of children under 18)

• Disability

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Fiduciary duties -When handling funds of others in real estate transactions, agents have fiduciary duties. These duties include confidentiality, obedience, loyalty, disclosure, accounting, and care.

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Redlining - Discriminatory lending practices that prevent certain groups from buying homes in specific neighborhoods.​

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Steering - Directing potential buyers or sellers to avoid certain neighborhoods based on protected characteristics.​​