A Kansas listing agent receives a call from a prospective buyer who mentions that he is a member of the Army Reserve. The agent, acting on the seller's undisclosed instructions, tells the buyer that the property is 'no longer available' even though it remains listed. The buyer later discovers the property is still for sale and files a complaint. Under Kansas law, which parties could potentially face liability for this fair housing violation?
Correct Answer
D) Both the agent and the seller, as the agent may be liable for carrying out discriminatory instructions and the seller for giving them.
Under the Kansas Act Against Discrimination (K.S.A. 44-1015 et seq.), both the agent and the seller can face liability. The seller is liable for giving discriminatory instructions based on the buyer's military status (a Kansas-protected class), and the agent is liable for carrying out those instructions. Following a client's discriminatory instructions does not shield a licensee from liability — Kansas licensees have an independent duty to comply with fair housing law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
More Practice Of Real Estate Questions
In Wyoming real estate practice, an associate broker or salesperson is not associated with a responsible broker at renewal. What should the licensee remember?
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In Wyoming real estate practice, a salesperson applicant age is reviewed. What should the licensee remember?
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