FAIR HOUSING: REALTOR Ethics

All 25,000 South Carolina REALTORS® have an ethical duty to report to the association their personal knowledge of willful discrimination conduct that may violate Article 10 "Fair Housing" portions of the REALTOR® code of ethics.

A violation of "Fair Housing" ethics can result in up to $15,000 in fines, assignment of fair housing education hours, letter of reprimand/warning, and publishing their photograph on the SC REALTORS® website.

Additionally, the association reports the fair housing violation to the LLR SC Real Estate Commission for investigation/prosecution which could result in loss of their real estate license as well as fines and education and a permanent public record.

SC REALTORS® can administer the formal ethics hearing procedure to REALTORS® in South Carolina.

The due process procedures of REALTOR® ethics enforcement are very similar to the process of a court hearing except with five trained REALTORS® sitting in judgment rather than a judge.

Here is the fair housing section of the REALTOR® Code of Ethics.

The REALTOR® fair housing protected classes exceed the federal laws by the inclusion of sexual orientation and gender identity as REALTOR® ethics fair housing protected classes.

Duties to the Public

Article 10

REALTORS® shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. REALTORS® shall not be parties to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. (Amended 1/14)

REALTORS®, in their real estate employment practices, shall not discriminate against any person or persons on the basis of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. (Amended 1/14) [listen]

Standard of Practice 10-1
When involved in the sale or lease of a residence, REALTORS® shall not volunteer information regarding the racial, religious or ethnic composition of any neighborhood nor shall they engage in any activity which may result in panic selling, however, REALTORS® may provide other demographic information. (Adopted 1/94, Amended 1/06)

Standard of Practice 10-2
When not involved in the sale or lease of a residence, REALTORS® may provide demographic information related to a property, transaction or professional assignment to a party if such demographic information is (a) deemed by the REALTOR® to be needed to assist with or complete, in a manner consistent with Article 10, a real estate transaction or professional assignment and (b) is obtained or derived from a recognized, reliable, independent, and impartial source. The source of such information and any additions, deletions, modifications, interpretations, or other changes shall be disclosed in reasonable detail. (Adopted 1/05, Renumbered 1/06)

Standard of Practice 10-3
REALTORS® shall not print, display or circulate any statement or advertisement with respect to selling or renting of a property that indicates any preference, limitations or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. (Adopted 1/94, Renumbered 1/05 and 1/06, Amended 1/14)

Standard of Practice 10-4
As used in Article 10 “real estate employment practices” relates to employees and independent contractors providing real estate-related services and the administrative and clerical staff directly supporting those individuals. (Adopted 1/00, Renumbered 1/05 and 1/06)

Posted by: Byron King on 2/7/20 (This information is only accurate as of 2/7/20. You must contact SCR for updates and changes to this information after 2/7/20 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)