Real Estate Listing Compliance

Summary

The clause in the real estate listing focuses on business affiliations and not on protected classes under fair housing laws. However, it could raise legal questions regarding competition or business practices. It is advisable to consult a local real estate attorney to ensure compliance with fair housing laws and to address any potential legal concerns.

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A licensed real estate agent in SC wants to us this verbiage in a listing. Is it illegal according to fair housing. "The Seller expressly prohibits any sales representatives or agents affiliated with the on-site developer or sales office of Sun City Hilton Head Inc including but not limited to those employed by or representing Del Webb or Pulte Group, from accessing the property, marketing the property, or participating in negotiations, showings, or transactions on this listing. No buyer agent may bring or involve Sun City Hilton Head sales agents in the showing, representation, or sale of this property. violation of this clause may be deemed interference and may result in legal recourse. This is intended to protect the Seller’s interests, maintain exclusive representation, and avoid dual or undisclosed agency concerns. All inquiries, showings, and negotiations must be conducted solely through the Seller’s agent or broker."
To determine if this verbiage violates fair housing laws, consider the following:
- Fair Housing laws prohibit discrimination based on race, color, national origin, religion, sex, familial status, or disability.
- The clause seems focused on business affiliations, not protected classes under fair housing laws.
- However, it could raise legal questions about restricting competition or business practices.
Consult a local real estate attorney for specific advice on compliance.