A Georgia broker receives a listing for a duplex. During the marketing process, the broker uses language in advertisements that expresses a preference for tenants of a particular national origin, though no applicant has yet been formally rejected. Which statement best describes the broker's fair-housing exposure?
Correct Answer
A) Discriminatory preferences expressed in advertising, tenant screening, or showing practices can constitute fair-housing violations even before a final refusal to sell or rent occurs.
Under both the federal Fair Housing Act (42 U.S.C. § 3604(c)) and the Georgia Fair Housing Act (O.C.G.A. § 8-3-202), it is unlawful to make, print, or publish any statement or advertisement that indicates a preference, limitation, or discrimination based on a protected class. A violation occurs at the point the discriminatory preference is expressed—no final denial of housing is required. Advertising, screening criteria, and showing practices are all independently actionable stages.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
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