A Georgia broker receives a fair-housing complaint regarding the treatment of a prospective buyer during a property showing—before any written contract was executed. The broker responds by stating that the actions reflected the seller's preferences. Which statement about fair-housing liability in Georgia brokerage practice is correct?
Correct Answer
D) Responding that the broker was simply following the client's wishes does not provide a valid defense to a fair-housing complaint.
Under both federal fair housing law (Title VIII of the Civil Rights Act of 1968) and Georgia fair housing law (O.C.G.A. § 8-3-200 et seq.), a licensee cannot use a client's discriminatory preference as a defense. The Georgia Commission on Equal Opportunity and HUD both hold that carrying out discriminatory instructions makes the broker independently liable. 'My client told me to' is not a recognized defense.
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