A Georgia broker shows a rental property to several prospects. After one showing, the property owner instructs the broker to reject a particular applicant based on the applicant's religion. The broker complies, telling the applicant the unit is no longer available. When the rejected applicant files a fair-housing complaint, the broker responds that the decision was the client's, not the broker's. Is this an adequate defense?

Correct Answer

A) No — claiming that the broker was merely following the client's instructions is not a valid defense to a fair-housing complaint.

Under both the federal Fair Housing Act (42 U.S.C. § 3604) and the Georgia Fair Housing Act (O.C.G.A. § 8-3-202), a broker has an independent legal obligation not to discriminate. Agency law does not override fair-housing law. A licensee who follows a client's discriminatory instruction is personally liable for the violation. The Georgia Real Estate Commission can also impose licensing discipline under O.C.G.A. § 43-40-25 for conduct that violates fair-housing statutes.