Fair Housing Act — what you can and cannot say
⏱ Estimated time: 10 minutes to read
⚠️ Draft content
This entry is a working draft and hasn't been reviewed by a licensed professional yet. Always use the official source linked below as your authoritative reference.
The Fair Housing Act (42 U.S.C. § 3601 et seq.) makes it illegal to discriminate in the sale or rental of housing on the basis of race, color, national origin, religion, sex, familial status, or disability. Many people assume this only applies to agents and big landlords. It also applies to FSBO sellers in most situations. This guide is short but every seller needs to read it.
📥 Get the official blank form
The official form is published by HUD. Always download from the source — never trust a third-party copy.
Open official source ↗What the law forbids
Refusing to sell or negotiate with someone because of any protected class.
Advertising a preference for or against a protected class ("perfect for a young couple", "no kids", "Christian neighborhood").
Lying about availability ("sorry, just sold!" when it isn't).
Imposing different terms on different buyers based on protected class.
Steering buyers toward or away from neighborhoods based on protected class.
The "Mrs. Murphy" exemption
There IS a narrow exemption for owner-occupied buildings of 4 units or fewer where the owner doesn't use an agent and doesn't run discriminatory ads. Even when this exemption applies to the SALE itself, the advertising rules still apply — you can never run discriminatory ads regardless.
For most single-family FSBO sales, the safest assumption is: the law applies to you. The exemption is narrow and easy to lose.
Safe vs. unsafe listing language
⚠️ Things to watch out for
Commonly-reported issues people run into with this document. Always verify the specifics with your state's official source or a licensed professional.
- •Writing listing copy that imagines a specific buyer ("perfect for a growing family"). Describe the home, not the buyer.
- •Asking buyers about their family situation, religion, or national origin during showings or messages.
- •Refusing to consider a buyer because of how they look or sound on the phone.
- •Steering buyers toward or away from neighborhoods.
Last reviewed: 2026-04-09 · Placeholder content — pending review
This entry is informational only — not legal advice. Frula Homes is an informational platform. We point you to official sources; we don't prepare, review, or interpret legal documents, and we're not your attorney or real estate agent. For legal questions specific to your situation, consult a licensed attorney in your state.