A Georgia property owner instructs a licensed broker to advertise a rental unit using language that excludes families with children. The broker knows the property does not qualify for any exemption under fair-housing law. What is the broker's obligation?
Correct Answer
D) The broker may not follow the client's instruction to advertise the property in a discriminatory way and must refuse to use the exclusionary language.
Under 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 for any person—including a licensed broker—to publish advertising that indicates a preference or limitation based on familial status or any other protected class. A broker has an independent duty to comply with fair-housing law and must refuse a client's discriminatory instruction. The Georgia Real Estate Commission may also discipline a licensee under O.C.G.A. § 43-40-25 for participating in discriminatory practices.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.
Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.
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