A real estate licensee in Honolulu is representing a seller who is Native Hawaiian. The seller wants to sell the property only to other Native Hawaiians as a matter of cultural preservation. The licensee knows that race and ancestry are protected classes under HRS Chapter 515. What is the licensee's most appropriate course of action?
Correct Answer
C) Refuse to carry out the discriminatory instruction, as it violates HRS Chapter 515 regardless of the seller's cultural motivation
Under HRS Chapter 515, ancestry and race are protected classes. A seller's instruction to restrict buyers based on their Native Hawaiian ancestry constitutes unlawful discrimination regardless of the cultural motivation behind the preference. The licensee must refuse to carry out discriminatory instructions. No cultural motivation, however sincere, provides an exemption from Hawaii's fair housing law in standard residential real estate transactions.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
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