The Instagram Ad, the Team-Only Flyer, and the Unlicensed Referral

Most serious to least:

1. The ad copy itself - discriminatory advertising. 'Adults only, no kids' states a preference based on familial status, which is a federally protected class. This is the highest exposure item: it appears in a paid, published medium, and the Fair Housing Act expressly covers discriminatory notices and statements, not just refusals to sell.
2. Missing brokerage firm name. Georgia's advertising rule requires the licensed brokerage firm's name in all advertising, including social media, flyers, signs, and business cards. 'The ATL Dream Team' is a team name, not the firm; a team name may be used only alongside the firm name. Her Instagram profile and handle likewise must identify Peachtree Ridge Realty.
3. Compensation paid to an unlicensed person. Dana cannot share her commission with, or pay a referral fee to, an unlicensed friend. Referral fees flow only between licensees (or to the licensee's own firm).
4. Unlicensed assistant hosting an open house alone. An unlicensed assistant may hand out preprinted materials, but may not show property, discuss terms, or answer substantive questions about the property, and may not be compensated on a commission basis.
5. Broker supervision failure. The broker-in-charge is responsible for supervising advertising by affiliated licensees and for the acts of unlicensed staff.

One thing Dana did right: she advertised a listing she actually holds in writing.

Break the sentence apart.

• 'Adults only, no kids' - a direct statement of preference based on familial status, a protected class under the federal Fair Housing Act and under Georgia's fair housing statute. There is no defense here; the copy itself is the violation.
• 'No Section 8, no vouchers' - this is the judgment call. Source of income is not a statewide protected class in Georgia, so standing alone it is not a state-law violation. But: (a) many Georgia local ordinances (Atlanta, Decatur, Fulton County and others) do prohibit source-of-income discrimination, so the answer depends on the property's jurisdiction; (b) HUD has taken the position that blanket refusal of housing vouchers can violate the Act where it produces a discriminatory effect based on race, national origin, disability, or familial status; and (c) paired with the familial-status language in the same ad, it is strong evidence of intent to exclude protected groups.
• The exemption does not save her. The Mrs. Murphy-style exemption for owner-occupied small rentals does not apply to a licensee advertising a client's listed property, and discriminatory advertising is not shielded by the exemption in any event.

Bottom line: the ad should come down immediately, and the analysis should not stop at 'source of income isn't protected in Georgia.'

Broker's actions:

• Direct removal of the post and recall or destroy the flyers; reprint with the firm name.
• Written corrective action in the file, verified fair housing and advertising training, and documented supervisory review of her marketing going forward. Retain records - brokerage records must be kept for the required retention period.
• Kill the referral arrangement in writing and reclassify or restrict the unlicensed assistant to permissible tasks under direct supervision, paid hourly rather than by commission.
• Consider whether the conduct is reportable to the Commission; the broker-in-charge carries supervisory responsibility for affiliated licensees and unlicensed staff.

Dana's exposure:

• A fair housing complaint to HUD or the state enforcement agency, with the broker named as well as Dana; damages, civil penalties, and injunctive relief are all possible.
• Commission discipline - reprimand, fine, additional education, suspension, or revocation depending on aggravating factors, which here include a new licensee operating without supervision.
• Civil liability to the seller if the listing cannot be marketed or the seller is drawn into a complaint.

The judgment call to flag for Dana: a licensee's personal social media used for business is commercial advertising, not a private opinion, and it is held to the same standard as a newspaper ad.