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Practice Of Real EstateFair HousingMEDIUM

James, a licensed Colorado broker, is working with a buyer named David. The listing agent tells James that the seller prefers not to sell to same-sex couples. James proceeds to show David only properties listed by other sellers. Which statement best describes James's legal exposure under Colorado law?

Correct Answer

D) James may face discipline from CREC and a complaint with the CCRD for violating CADA's sexual orientation protections.

Sexual orientation is a protected class under CADA (C.R.S. § 24-34-502). By steering David away from properties based on the seller's discriminatory preference, James is participating in discriminatory steering. He can face disciplinary action from CREC for violating fair housing laws and a complaint filed with the Colorado Civil Rights Division (CCRD) for violating CADA.

Answer Options
A
James is protected because the seller, not the broker, is the one discriminating against same-sex couples.
B
James has no liability because he is following his client's instructions as a buyer's agent.
C
James is only subject to federal Fair Housing Act liability because sexual orientation is a federal protected class.
D
James may face discipline from CREC and a complaint with the CCRD for violating CADA's sexual orientation protections.

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Related Topics & Key Terms

Key Terms:

cadasexual_orientationsteeringbroker_liabilitycrec_disciplinestate_protected_classes

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