He should not have to go through this.
A Virginia realtor, Wilson Fauber, is facing potential disciplinary action, including the revocation of his license, over past social media posts. These posts have raised concerns about free speech in real estate and other professions. Fauber, a realtor with over 40 years of experience, appeared before the Virginia Association of Realtors to address whether his posts violated the National Association of Realtors’ Standard of Practice 10-5, which prohibits hate speech, including comments based on race, religion, sexual orientation, and other factors. This standard was adopted in 2020, and Fauber’s case centers on a social media post he made in 2015 regarding his Christian views on marriage, which he later reiterated during a public office run.
Fauber’s attorney, Michael Sylvester, argues that the post, which referenced biblical teachings on marriage, was shared in Fauber’s capacity as a Christian minister and was not intended to be hate speech. He contends that the realtor’s views were expressed from a place of love and inclusivity, emphasizing that Fauber does not discriminate against anyone. The complaint, which resurfaced after Fauber’s social media posts were brought up during his political campaign, led to an official hearing before the Virginia Association of Realtors earlier this year. Fauber’s attorney has expressed disappointment that the complaint was not dismissed outright, calling the allegations unfounded.
The hearing, which involved the examination of witnesses and cross-examinations about Fauber’s religious expressions, is expected to result in a decision within the next week. If the association rules against Fauber, he can appeal the decision. Sylvester views Fauber’s case as emblematic of broader concerns about professional associations restricting personal expression. He warns that other professionals, such as pastors who also practice law or medicine, could face similar scrutiny if such standards are adopted in other fields.
Fauber, who describes the standard as an infringement on personal privacy, argues that it gives professional associations the power to police the private speech of individuals, even outside of their professional duties. He highlights the severity of the penalties associated with violating Standard of Practice 10-5, which could lead to fines and removal from the National Association of Realtors, potentially ending a realtor’s career by denying them access to crucial tools like the Multiple Listing Service (MLS). This database is essential for realtors to access and list properties, and Fauber points out that in his area, no private MLS options are available, making the loss of access particularly detrimental.
This case adds to a growing trend of realtors facing challenges for expressing personal views on sensitive topics. Fauber’s attorney points to a similar situation involving Georgia realtor Julie Mauck, who faced an ethics complaint after speaking out against certain school content. While Mauck initially lost her hearing, she ultimately won her appeal. Fauber’s case may set a significant precedent for how professional associations handle the intersection of personal beliefs and professional conduct.