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Practice Of Real EstateFair_housingMEDIUM

A seller instructs their listing broker to advertise a property only to buyers of a specific national origin and to refuse showings to all others. The broker wants to maintain the client relationship. What is the broker's legal obligation under Georgia fair housing law?

Correct Answer

A) The broker must refuse the instruction because licensees may not advertise or show property in a discriminatory manner, regardless of client directives.

Under the federal Fair Housing Act (42 U.S.C. § 3604), the Georgia Fair Housing Act (O.C.G.A. § 8-3-202), and GREC licensing rules, a real estate licensee is independently liable for discriminatory conduct. A client's instruction does not create a defense or exemption. Brokers have an affirmative duty to refuse to participate in discriminatory advertising or showing practices, and following such instructions can result in both fair housing penalties and GREC disciplinary action against the license.

Answer Options
A
The broker must refuse the instruction because licensees may not advertise or show property in a discriminatory manner, regardless of client directives.
B
The broker may follow the instruction because the seller, as property owner, has the legal right to direct all marketing decisions.
C
The broker may follow the instruction provided the discriminatory preference is not stated in writing in the listing agreement.
D
The broker may follow the instruction as long as the broker personally disagrees with the seller's preference and documents that disagreement.

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Related Topics & Key Terms

Key Terms:

georgiastate_portionfair_housing_enforcement_and_brokerage_practicega_fair_housing
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