A prospective buyer named Darnell applies to purchase a home in a suburban Alabama neighborhood. The listing agent tells Darnell the home is under contract, but Darnell later discovers the home remained on the market for two more weeks after his inquiry and was ultimately sold to a white buyer at the same price Darnell offered. Darnell believes he was steered away because of his race. He files a complaint with AREC. Under the Alabama Fair Housing Law, which of the following best describes the standard for proving this type of discrimination?
Correct Answer
B) Darnell must show that a similarly situated person of a different race was treated more favorably, establishing a prima facie case of disparate treatment.
Under Code of Alabama §24-8-1 et seq. and consistent with federal fair housing jurisprudence, a complainant can establish a prima facie case of disparate treatment discrimination by showing that a similarly situated person of a different race was treated more favorably under comparable circumstances. Darnell does not need an explicit racial statement — the circumstantial evidence that the home remained available and was sold to a white buyer at the same price Darnell offered is sufficient to establish a prima facie case of racial discrimination under the disparate treatment theory.
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Related Topics & Key Terms
Key Terms:
Related Concepts
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
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