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Residential Builder

Fair Housing and the Three-Day Cooling-Off Rule for Home Builders

Builders and their salespeople sell to the public, so builder exams test two federal consumer rules: fair housing and the FTC's cooling-off rule.

Fair housing

  • Familial status is a protected class under the Fair Housing Act, so an ad saying "adults only, no children" violates fair housing law. Income level is not a protected class (24 CFR 100.50(b); 100.75).
  • Steering is channeling buyers toward or away from neighborhoods because of a protected trait (24 CFR 100.70).
  • Blockbusting is telling owners that a protected group is moving in so they should sell (24 CFR 100.85).
  • States can protect more classes than federal law does. Michigan, for example, protects marital status in real estate transactions, which federal law does not (MCL 37.2502(1); 24 CFR 100.50).

The three-day cooling-off rule

  • The FTC rule gives a buyer three business days to cancel a covered sale made away from the seller's place of business, and Saturday counts as a business day (16 CFR 429.0(a), (f); 429.1).
  • After a valid cancellation notice, the seller must refund within 10 business days (16 CFR 429.1(g)).

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