A Delaware real estate team receives an offer on a listed property from a buyer who disclosed in conversation that he is a non-binary individual. The listing agent tells the team's salesperson to 'slow-walk' the presentation of this offer to give the seller time to find a reason to reject it. Under Delaware law, which of the following most accurately describes the legal exposure of the salesperson who follows this instruction?
Correct Answer
B) The salesperson may face disciplinary action by DREC and liability under the Delaware Fair Housing Act for participating in gender identity discrimination.
Gender identity is a protected class under the Delaware Fair Housing Act (6 Del. C. § 4600 et seq.), which applies statewide. Deliberately delaying the presentation of an offer based on a buyer's gender identity constitutes discriminatory conduct. A salesperson who knowingly follows an instruction to engage in discriminatory treatment is not shielded by the fact that the instruction came from the listing agent. The salesperson may face disciplinary action by the Delaware Real Estate Commission (DREC) under 24 Del. C. Chapter 29, as well as civil liability under the Delaware Fair Housing Act.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
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