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Practice Of Real EstateFair_housingEASY

Marcus, a licensed Arkansas real estate agent, is showing homes in Fayetteville. A seller instructs Marcus to avoid showing the property to prospective buyers who use housing vouchers. Under the Arkansas Fair Housing Act, which of the following best describes Marcus's legal exposure?

Correct Answer

B) Marcus could face federal fair housing liability, but the Arkansas Fair Housing Act would not apply because source of income is not a state-protected class

Under the Arkansas Fair Housing Act (Ark. Code Ann. § 16-123-201 et seq.), source of income is not a protected class. Therefore, the Arkansas state fair housing law would not provide a basis for a complaint solely on this ground. However, federal fair housing law and HUD regulations may still apply in certain circumstances, and AREC could pursue disciplinary action based on conduct unbecoming a licensee under separate grounds.

Answer Options
A
Marcus could face liability under the Arkansas Fair Housing Act because source of income is a state-protected class
B
Marcus could face federal fair housing liability, but the Arkansas Fair Housing Act would not apply because source of income is not a state-protected class
C
Marcus has no fair housing exposure because following seller instructions is always a valid defense under Arkansas law
D
Marcus could face AREC disciplinary action for violating a protected class under both state and federal law equally

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Related Topics & Key Terms

Key Terms:

fair_housingprotected_classessource_of_incomeagent_liabilityarkansas_specific

Related Concepts

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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