REALTOR® ATTORNEY JOINT COMMITTEE
Social Media, Fair Housing and the Code of Ethics By: Sylvia Golden Norris, Esquire; RASM Legal Counsel, Florida Supreme Court Circuit Civil Mediator, Florida REALTORS® CE Express Code of Ethics Approved Instructor
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t’s now become the norm for Realtors® to promote their listings and real estate services on their websites and social media platforms (Facebook, Twitter and Instagram). Pictures of homes and content about real estate are proudly displayed on the Realtor®’s business and personal pages. To further connect with their audience they share snapshots of their personal life too, from where to get the best bagel (hint: it’s in Gulf Gate), to asking you to cast your vote so “Fido” wins the local “cutest dog on the planet” award. Social media is a convenient and useful tool for so many reasons, however, the new Fair Housing Guidelines implemented by NAR® for Article 10 of the Code now erases the line between your business actions and your personal ones. The main changes are summarized below: 1 | Article 10 (and Policy Statement 29) were expanded to include non-real estate related activities. 2 | A new Standard of Practice (10-5) was created prohibiting discriminatory speech and conduct. 3 | The definition of PUBLIC TRUST was changed. A violation of the PUBLIC TRUST occurs if you misappropriate funds or property, commit fraud, or discriminate against a protected class in violation of Article 10. The test now is whether you acted in a discriminatory manner against a protected class. It’s not only a Code compliance issue, it is a licensing issue, too, as a violation of the public trust must be reported by RASM to the FREC.
THE NEW STANDARD A new Standard of Practice (10-5) was established. That Standard incorporates both verbal assertions and written words that are discriminatory. Discrimination is defined as hate and harassing speech, epithets, using words inspiring disgust or loathing, or slurs referencing any of the protected classes. Under the Code, this includes race, color, religion, sex, handicap, familial status, national origin, sexual orientation or gender identity. Public posting of language or actions taken that demonstrate a bias against the protected class under Article 10 can also serve as a basis for a
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violation. You already know how easy it is to record a video or take a screen-shot of a post. At an ethics hearing, these will be highlighted by the Complainant as Exhibits 1, 2, and 3. While you might be panicking at this point, don’t. You are not required to go back and delete or edit prior posts. Why? Because no claim can be filed on any event that took place prior to the effective date in November 2020. This is the time to be proactive moving forward. On the off chance you think it’s not a big deal, the damages and fines for a violation vary depending if the Fair Housing claim falls under federal or state laws. Fines for a violation of Article 10 under the Code can be as high as $15,000.
FIRST AMENDMENT RIGHTS For those of you who are asking whether these new “rules” impair your right to free speech under the First Amendment, it does not, since it is not an action by Congress or any state. As a Realtor® who voluntarily joined the NAR®, a private organization, you consented and promised to abide by the Code of Ethics, as amended. Maybe you’re worried about saying or posting anything at all on your Facebook page or Twitter, because who knows if it could now be interpreted as a Fair Housing violation? Remember that while the Fair Housing regulations have been expanded to include non-real estaterelated activities, you still have the right to freely communicate your opinion on a wide array of subjects (to include mayonnaise vs. Miracle Whip or headier subjects such as the IRS Code). So, as long as your words/actions are not discriminatory, and directed towards a protected class, post away.
BOTTOM LINE The key to avoiding any Article 10, Public Trust or Fair Housing claim is to remember that you are wearing your Realtor® hat 24/7. So, when you post a remark or share information on social media, pause for 10 seconds and do a quick, pre-flight check to consider if it contains any prejudicial language toward a PROTECTED CLASS. • This article is meant for educational purposes only. It is not intended to serve as legal advice and should not be used as a substitute for consultation with an attorney.
