Sometimes the past is one of the best learning tools around! Use the following Real-Life Errors & Omissions Claim Situation involving discrimination to avoid a similar legal showdown happening to you in your everyday real estate career. And be sure to have a good Real Estate E&O Insurance policy in place to protect you in case you find yourself in the middle of a court battle over fair housing regulations.
A real estate agent was hired by a landlord to lease a single-family home. In response to a newspaper advertisement, a woman called the agent and made arrangements to see the property. Satisfied that she and her family would be comfortable living there, an application was completed and submitted with a deposit.
Problem
Despite the fact that a background check revealed the applicant was gainfully employed and had an excellent credit rating, the landlord instructed the real estate agent to ask for more rent than advertised after learning the woman had five children.
Mistake
When the agent conveyed the intentions of the landlord in an email, it was a clear violation of Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988.
Result
The applicant sued the landlord and the agent alleging familial discrimination against her and her children when they were denied the opportunity to rent the property for the amount advertised based solely on the number of children. In the face of damaging email evidence, the agent’s attorney had no alternative but to stipulate that a technical Fair Housing Act violation took place. Left with no viable defense, the case was resolved with a relatively substantial monetary payment.
Prevention
Prohibited practices that lead to fair housing claims include the refusal to rent, lease, or negotiate; offering different terms or affording different treatment; keeping records describing clients/customers; and failing to make reasonable accommodations. Being familiar with the laws while providing equal service to all will reduce the possibility of discrimination claims. Working with a discriminatory landlord can lead to claims alleging civil rights violations—especially if one doesn’t know or realize that a violation is taking place.
Do you have a similar story involving fair housing and discrimination to share with us? Send us your learning experience or just let us know what you think about this one! Just leave a reply below!
If you have any questions about Pearl’s Errors & Omissions Insurance for real estate professionals, give us a call at 800.447.4982—whether you’re looking for a new E&O policy or have questions about your current one. We’d love to hear from you!
You can also visit www.pearlinsurance.com/eo to find out more about our quality Errors & Omissions program, including policy features, risk management tools, and much more.
