Unit #2 - Vocab Flashcards
Americans with Disabilities Act
Prohibits discrimination that would deny the equal enjoyment of goods, services, facilities, and accommodations in any existing place of public accommodation, based on an individuals physical or mental disabilities. Applies to stores, offices, and other nonresidential commercial facilities open to the public.
Blockbusting
The process of inducing panic selling by representing that prices will drop or crime will increase because of the possible entrance of minority group members to the area.
California Omnibus Housing Nondiscrimination Act
This act makes all California’s nondiscrimination acts consistent with the California Fair Employment and Housing Act as to coverage. All the acts apply to discrimination on the basis of national origin, ancestry, race, color, gender, religion, marital status, familial status, disability, source of income, and sexual orientation.
Cartwright Act
California’s antitrust law allowing for damages for injuries suffered.
Civil Rights Act of 1866
Intended to provide equal treatment for former slaves. States that “all citizens of the United States shall have the same rights in every state or territory as is enjoyed by white citizens thereof to inherit, purchase, sell, lease, hold and convey real and personal property”
Civil Rights Act of 1870
This statement was tacked onto a voting rights act in 1870, “And be it further enacted that the act to protect all persons in the United States in their civil rights and furnish the means of their vindication, passed April nine, eighteen hundred and sixty-six, is hereby reenacted.
This act was essentially ineffective for almost another 100 years.
Civil Rights Act of 1964
This made the 1962 executive order law and is considered among the first of the modern civil rights acts. While it prohibited discrimination in all federally assisted programs, prior and later acts are far more comprehensive.
Civil Rights Act of 1968
Prohibited discrimination in housing based on national origin, race, religion, and color. Sexual discrimination was added in 1974. This act prohibits the following:
- discrimination by broker towards clients and customers
- refusal to show, rent, or sell through the false representation that a property is not available
- discrimination as to access to MLS
- Discriminatory sales or loan terms
- Steering
- Blockbusting
- Redlining
- Retaliation against complaints and intimidation to discourage complaints.
- Discriminatory advertising
Commingling
The mixing of property of another (trust funds) with the property of the broker. This is a violation of the Commissioner’s Regulations and subjects a broker to severe disciplinary action.
Conversion
When a broker misappropriates trust funds for personal or any other use than what was designated, this is a criminal offense.
Diversity Training
Sponsored by the NAR learning how multicultural etiquette can lead to a more diverse clientele.
Dred Scott decision
Ordered the federal government to keep out of the slavery issue because it was a matter for the states to decide.
Ethics
Comes from the Greek word ethikos meaning moral and ethos meaning character. Ethics is a moral standard for life, and the test for that standard is quite simple. The Golden Rule “Do unto others as you would have them do unto you.”
Fair Employment and Housing act
Also known as the Rumford Act prohibits discrimination in supplying housing accommodations on the basis of sex, color, race, religion, marital status, family status, sexual orientation, disability, source of income, ancestry or national origin.
Familial Status
This protection refers to persons under age 18 living with a parent or guardian, persons in the process of obtaining legal custody and pregnant persons. Also including handicapped persons.
Golden Rule
“Do unto others as you would have them do to you”
Group Boycotting Law
Included in the Sherman Antitrust Act, firms may not collectively agree to refuse to do business with a firm or individual.
Jones vs Mayer
Same year as the Civil Rights Act of 1964. This case involved a seller who refused to sell a home to an African American. Jones won.
Market Allocation
It’s illegal to divide marketplace geographically or by type of service because it reduces competition.
Place of public accommodation
Applies to stores, offices, and other nonresidential commercial facilities open to the public.
Price-fixing
Brokers cannot agree on minimum fees to be charged. Brokers will add a statement in bold to the listing advising the seller of the negotiability of real estate commissions. Important for strengthening the industries compliance with this rule.
Readily achievable
Defined as “easily accomplished without a great deal of expense”
REALTORS code of Ethics
Based on the Golden Rule and is an excellent guide to ethical behavior.
Redlining
The refusal to loan within an area
Rumford Act
Prohibits discrimination in supplying housing accommodations based on sex, color, race, religion, marital status, family status, sexual orientation, disability, source of income, ancestry, or national origin. Anyone selling, renting, leasing, or financing housing must comply with this act.
Sexual Harassment
- Avoid sexually oriented jokes
- Avoid non-consensual touching
- Give people space when communicating
- Avoid romantic entanglements in the workplace
- Avoid asking a co-worker for a date
- Avoid one on one encounters when unnecessary
Sherman Antitrust Act
Federal Act to protect consumers from businesses that conspired to control prices and/or competition. Penalties can include imprisonment.
Steering
Th act of directing people of different races, religions, etc, away from or towards particular areas
Tie-in agreements
agreements that require a client to buy additional goods or services as a condition of doing business or cooperating.
Trust Funds
This refers to money or anything of value received by an agent, but not belonging to the agent, and held for the benefit of another. When a broker receives funds for a transaction, the broker must, within 3 days of receipt of the funds, do one of the following:
- Give the funds to the principal
- Deposit the funds directly into escrow
- Place the funds in the broker’s trust account
Unruh Act
Prohibits discrimination in all business establishments. This applies to real estate brokers, salespeople, and anyone managing an apartment building or other business establishment.
