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James, a licensed real estate broker in Lafayette, is approached by a property owner who wants to sell his home. During the listing appointment, the owner says, 'I don't want to sell to anyone who isn't Christian — this is a Christian neighborhood.' James lists the property and later declines to present an offer from a qualified Muslim buyer. Which of the following best describes James's legal exposure under Louisiana law?

Correct Answer

B) James may face discipline from LREC and liability under Louisiana's Equal Housing Opportunity Act for discriminating based on religion.

Religion is a protected class under both the federal Fair Housing Act and Louisiana's Equal Housing Opportunity Act (La. R.S. 51:2606). James cannot follow a seller's discriminatory instructions, even as a fiduciary. By declining to present the offer from a qualified Muslim buyer based on religion, James has independently violated fair housing law. He faces potential disciplinary action from LREC under La. R.S. 37:1455 for conduct violating fair housing laws, as well as civil liability under the Louisiana Equal Housing Opportunity Act.

Answer Options
A
James has no liability because he was following the seller's instructions as a fiduciary agent.
B
James may face discipline from LREC and liability under Louisiana's Equal Housing Opportunity Act for discriminating based on religion.
C
James is only liable under federal law because religion is not a protected class under Louisiana state law.
D
James is liable only if the Muslim buyer files a complaint with HUD within 180 days of the incident.

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Related Topics & Key Terms

Key Terms:

religionprotected_classesagent_liabilityLREC_disciplinefiduciary_limits

Related Concepts

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