Marketing for real estate agents

Real estate marketing ideas that stay inside Fair Housing rules

Good real estate marketing ideas are easy to find. Ideas that also stay inside the federal Fair Housing advertising rule take a little more thought. Here are ideas agents use every week, each with the check that keeps it clean. This is general information, not legal advice: for a legal question, ask a lawyer.

An empty bright room with a wood floor, a window and a ceiling fan
A sunny living room with a brick wall, a teal sofa, a wood stove and a dining table by tall windows

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The rule, in one sentence

Under 24 CFR 100.75, it is unlawful “to make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling which indicates any preference, limitation or discrimination because of race, color, religion, sex, handicap, familial status, or national origin”. It covers every kind of advertising: listing copy, signs, flyers, posts, ads, emails and websites. Your state’s rules may add more, and Meta has its own rules for housing ads: ask your broker or a lawyer how both apply to you.

Listing ideas

  • A room-by-room story. Walk the reader through the home in order. Check: describe rooms, features and finishes, not the people you picture in them.
  • A neighborhood paragraph. Name the park, the library, the shops a short walk away. Check: describe places and distances, not who lives nearby.
  • A floor plan and measurements. Check: they are facts about the home, so there is little to check.
A bright empty room with two windows and a wood floor
A bright, empty room with two windows and a wood floor
Printed home buying brochures spread around a house key
Printed home buying brochures around a house key

Open house ideas

  • Invite the neighbors first. A note the day before can bring curious owners, and future sellers. Check: invite every neighbor on the street, the same way.
  • A themed weekend. Coffee in the morning, a twilight showing in the evening. Check: the theme is about the home and the time, not about who should come.

Social and video ideas

  • A sixty-second walkthrough. Shot vertically, the best rooms first. Check: narration and captions describe the home.
  • A local business spotlight. Coffee shops, bakeries, hardware stores. Check: if the business is paid or given something, the FTC says to disclose it clearly and conspicuously.
  • Just sold stories. How a sale came together, without private details. Check: client stories reflect what really happened, and reviews are never paid for.

Ad and audience ideas

  • A home value ad to owners in your areas. Check: do not choose or exclude an audience on any ground the rule protects; the rule’s examples include selecting media or locations for ads that deny groups information about housing. Ask your broker or a lawyer how this applies to your ad settings.
  • A listing ad to people searching in the area. Check: the ad describes the home, and it lands on the listing page.

Email ideas

  • A monthly market note. Check: CAN-SPAM requires a valid physical postal address and a working opt-out, honored within 10 business days.
  • New listings for saved searches. Check: every buyer who asks gets the same alerts.

Photo ideas

  • Twilight exteriors. The home lit from inside at dusk. Check: nothing to check; the home is the subject.
  • Empty, bright rooms. Space buyers can picture themselves in. Check: personal photos and items put away for the seller’s privacy as well.
  • People in a series of ads. If you show people, think about what the whole set of ads says over time, not one ad on its own.

Words to read twice

Rather than rely on a list of banned words, read every line and ask: does this describe the home and the place, or does it describe a person I want to live there? If it is the second, rewrite it. Read the ad as a stranger would, and read the whole campaign, not just one ad. When in doubt, ask your broker, and for a legal question, ask a lawyer.

More on applying this to paid social is on the real estate Facebook ads page, and to every channel on the real estate marketing agency page.

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Questions agents ask

Does the Fair Housing rule apply to social media posts?

The rule covers any notice, statement or advertisement for the sale or rental of a dwelling, and a post about a listing is one. For a legal question, ask a lawyer.

Does the rule apply to rentals as well as sales?

Yes. 24 CFR 100.75 covers advertising for the sale or rental of a dwelling.

Who is responsible if an agency writes my ad?

Both of you should take care. The rule covers anyone who makes, prints or publishes the ad or causes it to be published, so review every ad before it runs.

Can I describe a home as near a school or a park?

Describing places and distances describes the home’s location. Keep the focus on the place, not on who should live there.

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