As the Texas legislature moves to undermine NAR’s Code of Ethics, it’s time to think about your messaging moving forward.
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Each week on The Download, Inman’s Christy Murdock takes a deeper look at the top-read stories of the week to give you what you’ll need to meet Monday head-on. This week: As the Texas legislature moves to undermine NAR’s Code of Ethics, it’s time to think about your messaging moving forward.
The culture wars being waged over the past few decades often come down to those who want to say what they want, to whom they want, when they want — and those who say there’s a right way and a wrong way to talk to and about people.
For Realtors, it’s not as straightforward as it is for your average Joe because fair housing considerations mean that flying off the handle online or using politically charged language — especially in reference to marginalized groups — calls into question an agent’s ability to deal fairly with clients who represent protected groups.
The National Association of Realtors’ (NAR) Standard of Practice 10-5 attempts to address this issue, as outlined by the trade group: “Standard of Practice 10-5 prohibits Realtors from using harassing speech, hate speech, epithets or slurs based on the protected classes of Article 10.”
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Since adding Standard of Practice 10-5 in late 2020, it has been the focus for discussion and dissent, both from those who don’t want to watch their words and from those who feel that the rule hasn’t been adequately enforced. Now, lawmakers in Texas are seeking to make it a moot point altogether, at least in their state.
The National Association of Realtors’ (NAR) hate speech policy, enshrined in Article 10 of its Code of Ethics, is currently under fire by the Texas Senate. Senate Bill 2713 would prohibit trade organizations within the state from denying anyone membership in their organization due to race, color, religion, sex, disability, familial status or national origin, or “because of the person’s exercise of the person’s freedom of speech or assembly, notwithstanding any provision of the association’s or organization’s bylaws.”
“Senate Bill 2713 ensures that no Texan will be denied membership or access in professional or trade associations because of their race, religion, sex or disability, which is already law, but also because of their constitutional protected right to speak and freely assemble. In other words, this bill reaffirms that your ability to work and practice your trade in Texas does not depend on your political or religious beliefs or who you associate with,” Senator Mayes Middleton (R-Galveston), the author of the bill, said.
“This bill closes the door on ideological discrimination by trade organizations. It remembers the first amendment does not end when you clock in, and yet too many Texans today find themselves faced by adverse action and forced to choose between staying silent or risking expulsion from their trade industry.”
“We see tremendous value in upholding standards that support the ability for membership associations to address cases of harassment and discrimination,” Texas Realtors Chairman Christy Gessler said in a statement sent to Inman. “However, we agree that such standards must be balanced with a member’s ability to express personal opinions and beliefs.”
“Enforcement of professional standards at Texas Realtors helps ensure that Fair Housing laws are followed and that Realtors provide fair, equal and professional service to all consumers. Our professional standards program involves a rigorous, member-driven process which includes an initial review, a hearing and a right to appeal.”
Gessler added that the state association was working closely with legislators “to ensure they have accurate information and that our professional standards can be upheld while ensuring personal beliefs are not encroached on.”
Breaking it all down
As Article 10 faces a possible existential threat in some markets, it’s a good time to take stock of the way you’ll communicate moving forward. From your social media messaging to your digital footprint and more, understanding best practices for how to speak to the public — and to potential clients — while maintaining your professionalism is essential.
This week, Inman contributors offer their insights on ensuring your online presence makes you look good while making everyone else feel welcome to work with you.
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Christy Murdock is a writer, coach and consultant and the owner of Writing Real Estate. Connect with Writing Real Estate on Instagram and subscribe to the weekly roundup, The Ketchup.
