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FACTS:

Buyer and seller are under contract. Buyer’s agent texts seller’s agent to inform her the home inspector will be at the property on Tuesday at 1pm.

Seller’s agent informs buyer’s agent that he must use the fair housing logo in all text messages.

ISSUE:

Must an agent use the fair housing logo when texting another agent regarding a transaction?

ANSWER:

No.

DISCUSSION:

The fair housing logo should be used when advertising real property or real estate services. Use of the logo is an indicator that the advertiser complies with the Fair Housing Act. According to HUD guidelines:

§109.30 Fair housing policy and practices.

 (a) Use of Equal Housing Opportunity logotype, statement, or slogan. All advertising of residential real estate for sale, rent, or financing should contain an equal housing opportunity logotype … as a means of educating the home seeking public that the property is available to all persons regardless of race, color, religion, sex, handicap, familial status, or national origin. The choice of logotype … will depend, in space advertising, on the size of the advertisement.

Here, the agent is not advertising real property or services. The text message is communication between two brokers regarding a real estate transaction. Accordingly, neither agent is required to use the logo as they are not advertising a property nor their services.