Ethics question!! Country of Origin Vs. Illegal Immigrant

Profile picture for Justin_Lindsey
This is one of my favorite ethics questions.

One cannot discriminate based on country of origin, but what about legality of citizenship? Thoughts...
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February 14 - Niceville

Replies (51)

Profile picture for Don Greenberg
What is the basis for needing to know? Very hairy situation to say the least!
Most real estate transactions would require some sort of income verification, if they are paying taxes, than that solves the problem. If they cannot produce verifiable income, then that would make me believe maybe they aren't a legal citizen. (I understand this is not a fool proof solution)

This only scratches the surface. I will be excited to see what others have to say.
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February 14
Profile picture for Caveat Emptor
no matter the law, discrimination for any reason that doesn't directly affect one's ability to pay one's own bills is wrong. those side excuses about potential difficulties too.

oh, you meant it the other way... who CAN i treat like dirt under the law?

couldn't say.
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February 14
Profile picture for Mack McCoy
Well, I think I wouldn't want to determine the legality of citizenship of my client. 
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February 14
Profile picture for Justin_Lindsey
The basis is pure curiosity, I'm personally not dealing with this situation. But that doesnt mean I dont think about it. 

This questions stems from my days working in the restaurant industry when I was younger. One of the dishwashers we had was here illegally and he did not hide it, and openly advertised it.

So if or when someone like this walks up to me, or one of you and that is a part of their conversation and openly tells you, then I/you have a decision to make. 
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February 16
Profile picture for sunnyview
There is no decision to make. If that buyer has the money to buy the property, you are there to sell it. The government does not care about the legal status of most people and rarely follow up on garden variety complaints made by citizens because their workload is staggering.

Maybe that is not right, but I wouldn't expect any agent to investigate more about their buyers immigration status than the government does. Agents are not mandatory reporters as far as I know, so the INS is on their own.
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February 16
Profile picture for dcxena
I can hardly believe the other replies to this post.  Listen folks, if you had someone who you were "pretty sure" had a warrant out for their arrest asking you to sell them a home, what would you do?  Ignore it?  Yeah, right--you'd call the police and check up on it!  How is this any different?   If someone is an illegal alien they are a LAWBREAKER who hasn't been arrested yet.  Period. dot. end of conversation.  I have compassion for many criminals' circumstances, but that doesn't mean it's okay to commit the crime.  Just because our government is less than stellar at enforcing our laws doesn't mean it's okay to break them.  Not getting caught (yet) does not erase the crime...
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February 16
Profile picture for sunnyview
"Listen folks, if you had someone who you were "pretty sure" had a warrant out for their arrest asking you to sell them a home, what would you do?  Ignore it? "

I see your point, but my answer is still yes I would ignore it. "Pretty sure had a warrant out" is not my business. Just like "pretty sure" they don't have car insurance, "pretty sure" they are cheating on the wife, "pretty sure" they are not paying income tax is not my business.

To clarify, I do not think that it is ok to commit crime. Until those individuals have been charged by the government they are assumed to be innocent. I have had two dealings with the INS involving immigration status and fraud where I had hard proof of the allegations. I found them to be quite marginal and not interested. As a citizen, that saddens me, but pointing fingers based on personal suspicion alone is a slippery slope.

I tend to draw the line for reporting crimes that I am "pretty sure" about to children's welfare, health and safety issues, violent crime and for those who cannot protect themselves, but others may draw that line differently that I do.
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February 16
Profile picture for Justin_Lindsey
If someone walks into my office and says "I want to live in an Asian neighborhood" or "keep me away from white neighborhoods". I would ask them to get out. That request is illegal and I will not have anything to do with it.

If a sex offender asked me to help him/her buy a home near a school or playground, I would tell him/her that was illegal, I would call the police, and ask them to get out.

If during the course of a conversation someone says to me or insinuates that they are in the country illegally, my conscious will require me to make a stand, I may not call the police, or ICE, but I can make the choice not to work for them and in all cases I would send a courtesy email to my Realtor brothers and sisters in the area to let them know about the conversation.
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February 16
Profile picture for sunnyview
"...my conscious will require me to make a stand..."

I respect your right to make a decision on who you choose to work for and with. However, buying a house and being here illegally are not necessarily related. People from other countries regardless of their immigration status or country of origin are allowed to own property in the US.

You are free to make the professional call for yourself, but I am not sure why you would feel compelled to email other agents about the buyer suspected immigration status. Would you feel obligated to do that for someone that was gay looking to move to a family neighborhood or someone that appeared strange or twitchy that you suspect might be on drugs? 

Excluding people based on what they look like, simple misunderstandings, a language barrier, educational difference, perceived disablity etc. without facts can quickly end up putting a professional on the wrong side of Fair Housing Law. Denying services to a buyer them based on a hunch would seem to me to be a slippery slope. 
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February 16
Profile picture for Justin_Lindsey
Not the same, a criminal is not a "protected class" as I've said in previous posts, if someone admits it openly that they are active criminals, then I would warn others. I think it's interesting that you equated gay people to illegal immigrants by the way.
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February 16
Profile picture for Caveat Emptor
If someone is an illegal alien they are a LAWBREAKER who hasn't been arrested yet.

God bless America, the land of the free and the home of the entitled xenophobic cowards.

@Justin,
being gay was once illegal in many states, just FYI. they are still unjustly persecuted far more than their homosexuality--or the law warrents, imo.
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February 16
Profile picture for sunnyview
Sorry Justin, I just don't agree. You are assuming that they are illegal. Anytime you exclude any person based on perception without fact you run a risk. I do not equate immigration status to sexual preference, but some agents do. In fact, an agent was recently suspended by her VA company for doing just that. She felt that excluding gay people from family neighborhoods was a "service" to her community and her right as an agent.

Personally, I think it's wrong for people to make those judgements, but agents are people so it occasionally happens. If you feel that immigration status should be checked or considered by agents, then I am curious why you would choose NOT to report buyers here illegally to authorities.

Would you feel compelled to tell a potential buyer that a pedophile lived next door? Or that the neighbor two doors down was mentally ill and violent when not medicated? No matter what your decision would be, I respect your right to make it within your conscience, but it looks like pretty slippery professional slope to me.
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February 16
Profile picture for Tug of War
I fall on your side of the fence Justin...using the premise you have repeatedly mentioned...
THEY admitted/stated/made it clear they are illegal

In that senario you are not making a judgement or acting on suspicions or simple misunderstanding or a hunch but to what they themselves have stated/made clear to to You and as you have stated that does present you with a choice/decision imo

I think your choice is much preferable to the ignore it and the  insinuations you are prejudice or treating people like dirt if......Silly imo
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February 16
Profile picture for Caveat Emptor
right, its silly to suggest that acting in a prejudicial way, is actually based on prejudice. you aren't protecting your clients, or your own interests, and you are going out of your way to make sure that the realtors in the area know about it on the off chance they will follow your example and act prejudicially as well.

nothing "silly" about that.
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February 16
Profile picture for Mack McCoy
Yes, if the KKK offered me a recording contract and a tour with Guns & Roses, I'd say, No, you offend me.

Let's dial this back a bit, okay, Justin? Lawbreakers aren't going to confess to us. That's the middle and the end of the story. Nobody - not a single person, any time, at any point in history - is going to go up to a real estate agent and say, "You know, I am somehow a criminal."

This is a real estate website. It really isn't a public policy website, except to the extent that public policy is centered around real estate. I think people would be interested in your thoughts on how to help buyers and sellers buy and sell real estate; I'm not so sure that any real estate agent wants to tell their seller, "It looks like a great offer, but they may not be legal, you know."

I'm not saying that we shouldn't have high ethical standards. But, let's say you were the Director of the British Museum. One of your treasures, one of your most popular exhibits is the Rosetta Stone. And Egypt wants it back. What do you do?

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February 16
Profile picture for Justin_Lindsey
Your right Mack, nobody will walk up to a Real Estate agent and say that but an agent who does a lot of talking about a lot of varied topics, gets to know people and clients, then it is extremely possible that one might divulge that type of information.

As far as not being a public policy site, correct but Real Estate has a great deal to do with local public policy and if we as Realtors are not current on public policy discussions then uninformed decisions will be made on our behalf. I suggest that any Realtor be fluent on the following "evil" topics, and be able to discuss them in depth with little to no notice.
1. Money
2. Religion
3. Politics
4. Lady Gaga
5. Tim Tebow
6. How much of a fan everybody is of Whitney Houston 

As far as your Rosetta Stone question, absurd I say we keep it of course. We're Merica!!
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February 20
Profile picture for Mack McCoy
HEY- LAY OFF LADY GAGA, WHY, I OUGHTA!!!

So, what do you do when you're the listing agent, and the best offer you get is from someone who has an all-cash offer, mattress money, and you suspect they're not here legally?

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February 20
There is no law that states you have to sell to people that are in the U.S. legally... in fact, anyone in the world can buy here if they have the resources.

And there is no reporting requirement to ICE for licensed real estate agents.  But there is a "US Fair Housing Act" that states you cannot legally discriminate based on race or country of origin.  Public schools are mandated to teach children that live here regardless of visa, immigration, or citizenship status, and they are not allowed to report any status to ICE.  Real Estate Agents shouldn't be reporting to ICE either.

As far as lending standards?  That is not up to Real Estate Agents, but up to lending institutions and the underwriters, but the "U.S. Fair Lending Act" also adds to the "Fair Housing Act" the additional "protected class" of "source of income".  As long as they can verify their income with U.S. tax documents, they are entitled to borrow if they meet the qualifications.

And if they want to pay cash, that is their prerogative.  Of course the seller could say "no" to an all cash offer, but unless they believed the money was counterfeit, why would they?  Besides, the Escrow company and banks would be responsible for verifying if it was "legal tender" and not the seller.  Yes, the seller may be concerned about prosecution for "money laundering", but those issues are outside the expertise of the seller, and the Escrow company would need to be looking for those possibilities, not the seller nor the seller's agent, nor the buyer's agent.
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February 20
wow the levels of stupidity on this thread are stunning!

Lets address one quote: 
"If someone walks into my office and says "I want to live in an Asian neighborhood" or "keep me away from white neighborhoods". I would ask them to get out. That request is illegal and I will not have anything to do with it. " 

OR you could pretend you are a professional. You could educate the potential client that you cannot steer them to a neighborhood based on ethnicity, but if they tell you where you want to show them homes you are happy to show them homes in that area... If someone tells you, "north of happy road, south of sad lane, and in between 20th and 30th avenue, you can restrict your search to those areas. The client has every right to pick the area they wish to look in, and doesn't have to give you any explanation for their choice whatsoever. 

"if someone is here illegally they are a law breaker... blah blah blah felons... blah blah blah" 

Ok, lets address the dimwit right wing rhetoric. Being in the US illegally is a CIVIL VIOLATION,  NOT A CRIMINAL VIOLATION.  You do realize that failing to stop at a stop sign, or exceeding a posted speed limit by even 1 mile per hour are also civil violations? 

This thinking on your part is far more likely to get you in trouble than you think. Large swaths of my family have lived in this country for decades, legally, are very well off and don't speak much English at all. make the choice not to show them homes, or rent to them based on your own guess on their legal status, and look out, the family also includes a number of attorneys. 
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February 20
Profile picture for Mack McCoy
Well, AO, not quite. As a CIPS®, I would counsel prospective international clients to consider their visa classification before applying for financing, but that would be to ensure that they could obtain financing, not because I am policing them.
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February 20
Profile picture for Justin_Lindsey
For someone who is calling people names you certainly have shown your pedigree, and as far as your critique of this thread, you should read it. I did clarify that if someone admitted it, I would not do business with that person. Someone who needs to be educated about how I cannot guide them to ethnic specific neighborhood in 2012 will probably not be changing their mind because if me, that being said, it is my choice who I will and will not work with and I won't work with an open racist. Just like I won't facilitate home ownership to someone who has cheated the system when good honest people have followed the rules to land ownership as an expatriated citizen of another country. So if you want to contribute, stay away from name calling and try educating in the form of discussion, you'll get a lot farther, and you might change some minds.
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February 20
Profile picture for SoCal_Engr
"If someone walks into my office and says "I want to live in an Asian neighborhood"..."

Interesting that your opinion is that this automatically equates to racism. Couldn't it also be a matter of convenience (i.e., language, culture, access to ethnic commodities)? Not saying it won't be racially motivated, but it could also be a culture/convenience concern.

Been there. Lived it.
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February 20
Profile picture for sunnyview
Very true. Anytime you make assumptions about why someone wants a specific neighborhood you can start sliding down that slippery slope. Better to treat clients equally and as adults able to make their own decisions based on whatever is important to them.
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February 20
"I would counsel prospective international clients to consider their visa classification before applying for financing, but that would be to ensure that they could obtain financing, not because I am policing them." -

Visa status is entirely irrelevant if they are not even in the country and never plan to be in the country.  And as far as obtaining financing, U.S. financing sources are not the only options.  And many communities choose to "self finance" helping out extended family members.  Yes, you can council people on "options", but you can't legally discriminant on race, ethnicity, nor country of origin, regardless of Visa status, at least when it comes to buying and selling houses, or loan applications.
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February 20
Profile picture for Mack McCoy
Well, you're out of whatever your area of expertise might be on this one, AO.
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February 20
"If someone walks into my office and says "I want to live in an Asian neighborhood"..." -

There is absolutely nothing "illegal" about a buyer stating they want to limit their search to "Little Tokyo", or "Korea Town", or "China Town"... in any specific city.. that is their "prerogative", and any agent that is not willing to help them search in their specific search criterion regardless of the ethnicity, race, or country of origin of their "client" is violating the "U.S. Fair Housing Act" law, and any agent that "refuses" such a client based on such search criterion and the buyer's "ethnicity" or "country of origin", or "race" is also intentionally violating the law!

The law doesn't apply to "buyers", it applies to "sellers" and "agents".  And the sellers can choose and discriminate on any basis they want, as long as it isn't one of the "protected classes" listed in the U.S. Fair Housing Act.
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February 20
Profile picture for Justin_Lindsey
>>HEY- LAY OFF LADY GAGA, WHY, I OUGHTA!!!

So, what do you do when you're the listing agent, and the best offer you get is from someone who has an all-cash offer, mattress money, and you suspect they're not here legally? <<

Mack, come on man, I've said multiple times that this decision would not be made on suspicion, but an admittance....you know I've said that.
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February 20
Profile picture for Justin_Lindsey
AO, in Florida there is, they've got to point to an area on a map, they cant ask me to interpret it no matter how obvious it is what they are saying. THAT  "Little Tokyo" or "China Town" example...I will concede that I could educate about that technicality being that those type of areas are often tourism epicenters if communities.

But I would have to strongly consider calling a spade a spade if someone comes in and ask me to show properties in an all white neighborhood. That being said, discrimination is discrimination it doesnt matter if it's for or against a member of the "protected classes".

I personally think that even acknowledging a "protected class" is discriminatory.  
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February 20
Once again, Justin shows his real estate ignorance! In the scenario described above, his answer:

" this decision would not be made on suspicion, but an admittance.." 

is actually an ethics violation. Justin, you have to present all offers to your seller period, no matter what you think of the offeror. Refer to NAR code of conduct 1-6. 

So, if you get an offer, you have ZERO RIGHT to make any decision whatsoever, and a responsibility to present it objectively to the seller
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February 20
"...calling a spade a spade if someone comes in and ask me to show properties in an all white neighborhood." -

Well, then I guess I would have to report you to your local board and to the Florida Division of Real Estate and the Florida Real Estate Commission and to HUD for intentionally violating the U.S. Fair Housing Act...

Of course the U.S. Fair Housing Act established "protected classes" and so did the U.S. Fair Lending Act.  There would be no "list" if it wasn't intended to create "protected classes".

If a Black woman comes to you and states she wants you to help her find a house in a predominately "white" neighborhood, you have to help her, or you will be prosecuted for intentionally violating the U.S. Fair Housing Act and discriminating against her based on her ethnicity, unless you can show that it was other grounds that you rejected the client, such as being "too busy".

Now, you can state you know of no "all white" neighborhoods and that it is illegal to create neighborhoods that exclude other races from purchasing or living there, but to state you don't know of any predominantly "white neighborhoods" and you will not help a black woman look there or buy there is an obvious lie, outright discrimination and an intentional violation of the law.
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February 20
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