An owner of a single-family home in Waltham, Massachusetts decides to sell the property without the assistance of a real estate broker. The owner tells a prospective buyer that he will not sell to anyone who is widowed. The buyer files a complaint with the MCAD. Under Massachusetts Chapter 151B, is the owner's conduct unlawful?
Correct Answer
D) Yes, because widowed status constitutes marital status, which is a protected class under Chapter 151B, and the exemption for private sellers does not apply here.
Under Massachusetts General Laws Chapter 151B, marital status is a protected class, and widowed status is a form of marital status. While Massachusetts Chapter 151B does provide limited exemptions for certain private sellers (such as the owner of a single-family home who sells without a broker and without discriminatory advertising), the exemption is narrow and does not permit the owner to explicitly state a discriminatory preference or to communicate a discriminatory limitation to a prospective buyer. The owner's direct statement that he will not sell to anyone who is widowed is an explicit discriminatory statement that falls outside any available exemption.
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Related Topics & Key Terms
Key Terms:
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