Using Targeted Marketing and Avoiding Risks
Focusing on buyers by behavior and interests, rather than age, gender or family status, helps agents reach new consumers while avoiding legal risks.
NEW YORK — Targeted marketing remains one of the fastest ways for real estate professionals to reach new customers, but it carries legal risks when targeting relies on demographic traits tied to protected classes.
Effective strategies increasingly focus on behavioral signals and documented interests rather than age, gender, family status or other characteristics that can raise fair housing and lending concerns.
For example, shift from marketing focused on the "working executive, single moms aged 28-39" to a more generalized focus, such as a home and garden enthusiast who subscribes to associated newsletters and print magazines, uses Facebook and Instagram to save open house events and has asked questions on Reddit about buying or selling.
Past enforcement actions in other industries show how exclusionary marketing images can lead to reputational and legal consequences, reinforcing the importance of compliance-driven planning. Frameworks, such as SWOT and PESTLE analyses, are often used to uncover legal and regulatory risks early before campaigns launch.
SWOT analysis focuses on the strengths, weaknesses, opportunities and threats of a campaign, while PESTLE focuses on the political, economic, social, technological, legal, and environmental factors that impact the marketing strategy.
In a highly regulated industry, marketing success depends on precision and intent, balancing audience targeting with ethical and legal responsibility.
Source: Inman (01/07/26) Davenport, Lee
© Copyright 2026 Smithbucklin