A real estate broker in Newton, Massachusetts is representing a seller. During a showing, the seller instructs the broker not to accept offers from buyers of a particular ancestry. The broker refuses to follow this instruction. Which of the following best describes the broker's legal and ethical obligations under Massachusetts law?
Correct Answer
B) The broker is correct to refuse, because ancestry is a protected class under Massachusetts Chapter 151B, and following the instruction would make the broker liable for discrimination.
Ancestry is a protected class under Massachusetts General Laws Chapter 151B. A broker who follows a seller's discriminatory instruction to exclude buyers based on ancestry would be personally liable for fair housing violations. Massachusetts law does not permit a licensee to follow discriminatory client instructions, and a broker's fiduciary duties to a client do not override the broker's independent legal obligation to comply with fair housing law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
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