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Practice Of Real EstateFair HousingHARD

A Colorado buyer's broker discovers that the seller's agent has been systematically providing different quality of service to buyers based on their ancestry — showing premium listings only to buyers of certain ancestries and steering others to lower-priced areas. The buyer's broker is aware of this pattern but does not report it and continues to cooperate with the listing agent. Under Colorado law, which of the following BEST describes the buyer's broker's potential liability?

Correct Answer

B) The buyer's broker may face CADA liability and CREC disciplinary action for knowingly participating in or facilitating a discriminatory practice.

Under CADA, C.R.S. § 24-34-502, and the Colorado Real Estate License Act, C.R.S. § 12-10-217, a licensee who knowingly participates in, facilitates, or fails to take appropriate action regarding a discriminatory practice can be held liable. The buyer's broker's continued cooperation with the listing agent, with knowledge of the discriminatory pattern, constitutes participation in the discriminatory practice. This exposes the buyer's broker to both CCRD administrative action under CADA and CREC license discipline. Colorado's fair housing enforcement framework holds all participating parties accountable.

Answer Options
A
The buyer's broker has no liability because the discrimination was initiated by the listing agent, not the buyer's broker.
B
The buyer's broker may face CADA liability and CREC disciplinary action for knowingly participating in or facilitating a discriminatory practice.
C
The buyer's broker is liable only if the buyer's broker personally made a discriminatory statement to a client.
D
The buyer's broker is protected from liability by the cooperative compensation agreement with the listing agent.

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Related Topics & Key Terms

Key Terms:

CADAancestrysteeringlicensee_liabilityknowing_participationcooperative_compensation

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