noisefrazzle
Member
What is the name of your state?What is the name of your state? Rhode Island
Hello All:
For once I don't have a problem myself just a question regarding something my real estate instructor said in class tonight. We were covering the section on fair housing and he used this scenario:
A real estate agent is showing a house to a Muslim/Arab family. As the group heads up the walk to the front door, the little old lady next door comes bustling out of her house, walks to the fence dividing the yards, and says "We don't want any terrorists in this neighborhood! If you buy that house I'll be very upset!!"
The instructor used this as an example of a discriminatory situation an agent might be involved in through no fault of his/her own. License law dictates that the agent must file a report about this incident. Fine. I accept that. Real estate agents are subject to license law. But then the instructor goes on to say that the agent should then call the police on the old lady AND report her to the state's Human Right's Commission because she will be arrested for discrimination. My response and his were as follows:
ME: Arrested for what?
HIM: Discrimination
ME: But isn't discrimination an action, not an attitude? What has she done but express her opinion? She hasn't prevented the family from accessing the property or purchasing it. It's not as if she burned a cross on their property or physically harmed them. I mean, it's not illegal to be a bigot or hold racist attitudes.
HIM: Yes it is.
ME: I don't think so. And I think what she said falls under free speech.
HIM: No it isn't. She broke the law and is going to jail. Advertisers used the "free speech" thing for years and it didn't work for them.
ME: But this lady is a private citizen in her own yard. She didn't threaten them. She has no claim to the property they are buying, nor is she the seller. She is not a real estate agent subject to real estate law. How has she broken the law? Under what law will she be charged?
HIM: Discrimination. she broke the law because free speech does not apply here.
Okay, am I missing something? Has the old lady broken the law?!
Thanks! Noisefrazzle
Hello All:
For once I don't have a problem myself just a question regarding something my real estate instructor said in class tonight. We were covering the section on fair housing and he used this scenario:
A real estate agent is showing a house to a Muslim/Arab family. As the group heads up the walk to the front door, the little old lady next door comes bustling out of her house, walks to the fence dividing the yards, and says "We don't want any terrorists in this neighborhood! If you buy that house I'll be very upset!!"
The instructor used this as an example of a discriminatory situation an agent might be involved in through no fault of his/her own. License law dictates that the agent must file a report about this incident. Fine. I accept that. Real estate agents are subject to license law. But then the instructor goes on to say that the agent should then call the police on the old lady AND report her to the state's Human Right's Commission because she will be arrested for discrimination. My response and his were as follows:
ME: Arrested for what?
HIM: Discrimination
ME: But isn't discrimination an action, not an attitude? What has she done but express her opinion? She hasn't prevented the family from accessing the property or purchasing it. It's not as if she burned a cross on their property or physically harmed them. I mean, it's not illegal to be a bigot or hold racist attitudes.
HIM: Yes it is.
ME: I don't think so. And I think what she said falls under free speech.
HIM: No it isn't. She broke the law and is going to jail. Advertisers used the "free speech" thing for years and it didn't work for them.
ME: But this lady is a private citizen in her own yard. She didn't threaten them. She has no claim to the property they are buying, nor is she the seller. She is not a real estate agent subject to real estate law. How has she broken the law? Under what law will she be charged?
HIM: Discrimination. she broke the law because free speech does not apply here.
Okay, am I missing something? Has the old lady broken the law?!
Thanks! Noisefrazzle
