A Virginia real estate agent claims he’s facing “professional ethics charges and could even lose his Realtor status” over past statements about marriage.
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Wilson Fauber has been a broker and agent for over four decades, but he told CBN News he risks potential fines or even losing his real estate status after complaints over a social media post about same-sex marriage.
Fauber is also an ordained minister, making the case even more complex, according to his attorneys with The Founding Freedoms Law Center.
His plight began last year, when he decided to run for the Staunton City Council in Virginia.
“During my journey running for Staunton City Council, some of the opposition from a different party decided that they were going to scour my Facebook pages and see if they could find any dirt on me,” Fauber said. “And they went back to 2015 and they found a Scripture that I posted from Leviticus … where the Lord clearly states that homosexuality is an abomination to Him.”
The eight-year-old post was then fodder for online furor and messages “perceived as threats,” forcing the then-candidate to go to the police for help.
Fauber lost the election and, months later, purportedly received an email from the National Association of Realtors (NAR) explaining a complaint had been filed against him. The Virginia Association of Realtors, the local chapter of the NAR, is reportedly handling the complaint and Fauber’s ethics case.
“My complainant said that they thought that posting that Scripture and other Scriptures that I’ve posted is hate speech,” he said. “And taking me to task with the National Association of Realtors. … It’s very bizarre, in a way, but, as we look at what’s happening around the world, it’s not.”
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Fauber said he has never had problems with the NAR over the past 44 years and has “served the Lord” in his work and treatment of others.
The realtor’s attorney, Michael Sylvester, a lawyer with The Founding Freedoms Law Center, said his client posted messages about the Bible and these issues “on behalf of his ministry.” The post from 2015 came to light, he said, after a journalist was made aware of it by the “opposition.”
“Then the journalist tries to bring the issue into the campaign by asking Wilson whether he still stands by his post,” Sylvester said. “It’s really incredible that this whole situation comes out of a Christian being asked whether he still stands by the Bible.”
Some might wonder why private speech has become a potential ethics issue for a realtor. Sylvester explained it’s all rooted in the NAR’s rules.
“The National Association of Realtors has a series of ethics rules that guide real estate agents on how they engage in their practice in a way that’s beneficial to society and not harmful,” he said. So, that’s the goal. But, in 2020, the [association] implemented a hate speech rule.”
This rule, he said, could be seen as governing what real estate agents do, even outside their jobs. Sylvester added the “rule suggests that it controls that minister’s activity and therefore that individual activity.”
“Even a minister preaching from the pulpit could violate this rule just by speaking on the Scriptures the way that it’s been implied in certain situations,” he added.
With the ethics hearing coming Dec. 4, both Sylvester and Fauber said there are potentially sweeping ramifications ranging from fines of $5,000 to $15,000 to losing his license.
“The way I see it is — it’s persecution and certainly trying to silence my free speech,” Fauber said. “When I can’t post these things on my social media or even speak of certain Scriptures from the pulpit.”
Being a member of the NAR provides benefits to realtors, including access to the multiple listing service (MLS), a clearinghouse of housing information that benefits clients and offers a full range of information on properties.
“They have the right to remove me from the membership of the National Association of Realtors, the Virginia Association of Realtors, and my local Association of Realtors, which then cuts me off from the multiple listing service,” Fauber said.
Sylvester said the hearing “should not be happening” and that Fauber didn’t do or say anything that qualifies as hate speech.
“It should have been dismissed right away,” he added.
Sylvester plans to appeal within the NAR ethics process if his client loses in any way. As for Fauber, he said he has no plans to back down or apologize for publicly sharing his religious and biblical beliefs.
“I’m sure I’m going to be asked if I’m remorseful; I expect that to happen,” he said. “And the answer is, ‘No.’ I am not remorseful. I’m not ashamed of the Gospel of Jesus Christ, and I will continue to boldly proclaim the Gospel of Jesus Christ.”
Fauber continued, “I’m adamant about pursuing the case. I believe the Lord has called me for such a time as this to be His voice in this particular matter and He has given me His peace.”
A section of the NAR website addresses the issues at the center of Fauber’s case. A frequently asked question posed after an explanation of hate speech regulations reads, “Doesn’t this mean that, if I post my opinion online and someone doesn’t agree with it, that I can lose my membership and be forced out of the business?”
Here’s how the NAR responded to this inquiry:
As with any alleged Code violation, ethics complaints alleging a violation of Article 10 as interpreted by Standard of Practice 10-5 will be processed consistent with the local or state association’s professional standards enforcement process, which affords all parties a full and fair opportunity to present their case, defend themselves, provide evidence and witnesses, and be represented by counsel.
Additionally, membership in an association of REALTORS® is voluntary, and any discipline imposed does not automatically impact an individual’s ability to hold a real estate license.
A representative for the NAR offered no comment when reached by CBN News, instead referring all questions to the Virginia Association of Realtors, which is handling the case. The Virginia Association of Realtors has not yet responded to a separate request for comment.
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