A licensed Arkansas salesperson working in a rural area near Pine Bluff is asked by a seller to screen buyers based on their religious background, specifically to avoid selling to members of a particular faith. The salesperson complies and declines to show the property to two qualified buyers who belong to that faith. The salesperson later argues that because the seller gave written instructions, she bears no personal liability under the Arkansas Fair Housing Act. Which of the following best evaluates this argument?
Correct Answer
B) The argument is invalid because the Arkansas Fair Housing Act imposes independent obligations on licensees, and following discriminatory seller instructions does not shield the agent from liability
Under the Arkansas Fair Housing Act (Ark. Code Ann. § 16-123-201 et seq.) and AREC rules, a licensed real estate agent has independent fair housing obligations and cannot shield herself from liability by following discriminatory seller instructions. Religion is one of the seven protected classes under the Arkansas Fair Housing Act, and the salesperson's active participation in the discrimination — declining to show the property to qualified buyers based on religion — makes her personally liable. Written instructions from the seller do not constitute a legal defense.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.
Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.
The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.
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