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Practice Of Real EstateFair HousingMEDIUM

James, a Colorado broker associate, is representing a seller. The seller instructs James not to show the property to buyers of a particular national origin. James follows the seller's instruction and declines to schedule showings for two qualified buyers of that national origin. Under Colorado law, which statement BEST describes James's liability?

Correct Answer

B) James is personally liable for fair housing violations because licensees cannot follow discriminatory client instructions.

Under both the federal Fair Housing Act and the Colorado Anti-Discrimination Act (CADA), C.R.S. § 24-34-502, a real estate licensee is personally liable for participating in discriminatory practices, regardless of whether the instruction came from the client. A licensee's fiduciary duty to a client does not extend to carrying out illegal discriminatory acts. James must refuse the instruction and, if the seller insists, may be required to terminate the listing.

Answer Options
A
James has no liability because he was following his client's lawful instructions as a fiduciary.
B
James is personally liable for fair housing violations because licensees cannot follow discriminatory client instructions.
C
James is exempt from liability because the seller, not James, initiated the discriminatory instruction.
D
James is liable only if the buyers can prove they were financially qualified for the purchase.

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Related Topics & Key Terms

Key Terms:

CADAlicensee_liabilitydiscriminatory_instructionnational_originfiduciary_limits

Related Concepts

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

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.

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