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A Kansas homeowner wants to sell her single-family home without using a real estate agent and plans to advertise it privately. She intends to refuse to sell to anyone of a particular ancestry. Under Kansas fair housing law, which statement is most accurate regarding her situation?

Correct Answer

C) She may still be subject to the Kansas Act Against Discrimination even without a broker, as the private sale exemption has limits.

While the federal Fair Housing Act provides a limited exemption for certain private sales of single-family homes without a broker, the Kansas Act Against Discrimination (K.S.A. 44-1015 et seq.) has its own provisions and limitations. The use of discriminatory advertising or statements based on ancestry — a Kansas-specific protected class — can still expose a private seller to liability. Exemptions under Kansas law are narrowly construed and do not provide blanket immunity for discriminatory conduct.

Answer Options
A
She is exempt because she is selling her own home without a broker.
B
She is exempt because the federal Fair Housing Act's owner-occupant exemption applies in Kansas.
C
She may still be subject to the Kansas Act Against Discrimination even without a broker, as the private sale exemption has limits.
D
She is fully exempt because ancestry is only a protected class in commercial transactions.

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Related Topics & Key Terms

Key Terms:

ancestryprivate_sale_exemptionowner_exemptionkansas_fair_housing

Related Concepts

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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