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Practice Of Real EstateFair_housingHARD

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.

Answer Options
A
A broker is shielded from fair-housing liability when acting on a client's explicit instructions, because fiduciary duty to the client takes precedence.
B
A Georgia consumer who files a complaint with the Georgia Commission on Equal Opportunity is barred from also filing with HUD on the same matter.
C
Fair-housing liability does not attach until a written purchase contract has been fully executed by all parties.
D
Responding that the broker was simply following the client's wishes does not provide a valid defense to a fair-housing complaint.

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Related Topics & Key Terms

Key Terms:

georgiastate_portionfair_housing_enforcement_and_brokerage_practicega_fair_housing

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