Carlos owns a single-family home in Colorado and wants to sell it privately without a broker. He places a 'For Sale by Owner' sign in his yard but does not advertise in any media. He then refuses to sell to a buyer because of the buyer's sexual orientation. Under the Colorado Anti-Discrimination Act (CADA), Carlos's refusal is:
Correct Answer
D) Illegal, because sexual orientation is a protected class under CADA and the private sale exemption does not permit discrimination based on CADA-protected classes
Under CADA (C.R.S. § 24-34-502), sexual orientation is an explicitly protected class in Colorado — a protection that exceeds the federal Fair Housing Act. The private sale exemption (no broker, no discriminatory advertising) does not permit a seller to discriminate based on Colorado's additional protected classes, including sexual orientation. Carlos's refusal based on sexual orientation violates CADA regardless of whether a broker is involved or whether advertising was used.
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Related Topics & Key Terms
Key Terms:
Related Concepts
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
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